IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15203 of 2010 AWADHESHWARI DEVI @ AWADHESH PANDEY Versus THE STATE OF BIHAR & ORS ----------- 2. 28.04.2010 This is an application filed on 22nd April 2010 for restoration of Cr.W.J.C.No. 178 of 2009 which stood dismissed due to non-compliance of peremptory order dated 13th July 2009 which directed for deposit of postal stamp of Rs.40/- for issuance of notice to the private respondents with a rider that if the order was not complied within a week, the application will be dismissed, without further reference to Bench. Since, the peremptory order dated 13th July 2009 was not complied within a week, the said Cr.W.J.C. No. 178 of 2009 stood dismissed. Learned counsel for the petitioner submits that out of confusion, he took the order as directing him to deposit postal stamp of Rs.35/- only and that he also deposited the stamp for Rs.35/- on 15th July 2009. Further submission is that since the stamp was not of sufficient value and there was deficit of stamp for Rs.5/-, Cr.W.J.C. application stood dismissed. Learned counsel says that he is ready to deposit the whole postal stamp forRs.40/- afresh. In the facts and circumstances, the period of peremptory is hereby extended and the prayer for restoration of Cr.W.J.C.No. 178 of 2009 is allowed, but with a condition precedent that the petitioner will deposit a sum of Rs.250/- with the Patna High Court Legal Services Committee, Patna within a period of 3 days and produced the receipt in the Office. It is made clear that the deposit of Rs.250/- is a condition precedent and the restoration of the said Cr.W.J.C.No. 178 of 2009 will take place only on complying of the order.After depositing the aforesaid amount, the petitioner will deposit the postal stamp of Rs.40/- within a week from-today and on depositing of the stamp, notice as directed earlier, will be issued to the private respondents. It is again made clear that the order of depositing postal stamp for Rs.40/- is also a peremptory order and non-compliance of it will entail the dismissal of Cr.W.J.C No. 178 of 2009 without further reference to a bench. Jay/ ( C. M. Prasad, J )