Harihar Prasad @ Harihar Prasad Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.262 of 2024 In Criminal Writ Jurisdiction Case No.741 of 2022 ====================================================== Harihar Prasad @ Harihar Prasad Sinha Son of Late Mushi Singh, Resident of Village- Rajwa, P.S.- Hilsa, District- Nalanda, presently residing at 702/E3 R.R.B. Colony, Ratu Road, Ranchi, Asha Press Sukhdeo Nagar, Helal, Ranchi (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Govt. of Bihar. 2.

The District Magistrate, Nalanda.

3.

The Superintendent of Police, Nalanda.

4.

The Station House Officer, Hilsa Police Station, Nalanda. 5.

The Circle Officer, Hilsa, Nalanda.

6.

The Sub-Divisional Officer, Hilsa, Nalanda.

7.

Ganauri Paswan, Son of Ram Khelawan Paswan, Resident of VillageRajwa, P.O.- Pillich, P.S.- Hilsa, District- Nalanda. 8.

Satendra Paswan, Son of Ram Khelawan Paswan, Resident of VillageRajwa, P.O.- Pillich, P.S.- Hilsa, District- Nalanda. 9.

Shiv Kumar Paswan, Son of Ram Khelawan Paswan, Resident of VillageRajwa, P.O.- Pillich, P.S.- Hilsa, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar, Advocate For the Opposite Party/s :

Mr.Harun Qureshi, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-04-2024 1.

Heard learned counsel for the parties concerned. 2.

The present petition has been filed for restoration of a criminal writ petition bearing Cr.W.J.C. no. 741 of 2022, which has stood dismissed on account of non compliance of the peremptory order dated 16.08.2023.

3.

Learned counsel for the petitioner submits that the

Patna High Court MJC No.262 of 2024(3) dt.26-04-2024 2/2 case was not marked, as such, defect could not be removed within time, granted by this Court, hence, a sympathetic view may be taken and the aforesaid criminal writ application be restored to its original file.

4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, I deem it fit and appropriate to restore the aforesaid criminal writ petition bearing Cr.W.J.C. no. 741 of 2022 to its original file, subject to removal of defect by the petitioner.

5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U