Rathindranath Ghosh @ Rattimdranath Ghosh Hazra vs The State of Jharkhand and Another

D.K. Sinha, J.—Explanation of Mr. Pramod Kumar Singh, P.A. is on the record. He has explained that Portable Document Format (PDF) is a new concept for him with regard to process of making PDF and sending it to NET and for that he has not been properly trained. He further explained that since he was nascent in learning the process of PDF, he had prepared the aforesaid order, which was in short, for the sake of learning and owing to inadvertence of being a nascent in learning the process of PDF, the unsigned order was sent to NET by him and the mistake was not deliberate. He has tendered unqualified and unconditional apology for the wrong he has committed, however, with the assurance that no such mistake would be committed by him in future.

Considering the explanation made by Mr. Pramod Kumar Singh, P.A., it is accepted.

(I.A. No. 593 of 2011)

Present interlocutory application has been filed on behalf of the Petitioner Rathindranath Ghosh @ Rattimdranath Ghosh Hazra for extension of the period for his surrender pursuant to the order dated 11.2.2011 by seeking modification in the order wherein the Petitioner was directed to surrender within 45 days of the order and to file a petition u/s 437 Code of Criminal Procedure Petitioner has explained that the certified copy of order dated 11.2.2011 could be procured on 24.3.2011 but soon thereafter, he was not in a position to appear before the court on account of prolonged illness, hence, exigency warranted for extension of time by allowing him to surrender in the court below by giving further thirty days'' time.

Heard Mr. R.C.P. Sah, the learned A.P.P. on behalf of the State.

Having regard to the facts and circumstances of the case, taking the considered view on the interlocutory application filed on behalf of the Petitioner, the order dated 11.2.2011 by which the Petitioner was directed to surrender before the court below within 45 days of the order is being modified to the extent that Petitioner would surrender within twenty days of this order positively since today and file a petition u/s 437 Code of Criminal Procedure before the court concerned which shall be considered in view of the fact that no notice was ever served on his correct address calling upon him to appear in the court.

The order dated 11.2.2011 is modified in the manner indicated above.

Accordingly, I.A. No. 593 of 2011 stands disposed of.

Certified copy of the unsigned order dated 11.2.2011, which was inadvertently issued to the Petitioner through PDF is directed to be returned back and brought on this record which will not be used in future.