Ehtesham Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.286 of 2023 In Civil Writ Jurisdiction Case No.17441 of 2013 ====================================================== Ehtesham Khan S/o Md. Hassan Khan Resident of Village- Piroo, P.S.- Haspura, Distt.- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Director General, (Police).

3.

I.G. of Police, Bihar, Patna.

4.

D.I.G. of Police, Bihar Magadh Range.

5.

Superintendent of Police, Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Kumari Rashmi, Advocate For the Opposite Party/s :

Mr.Prabhat Kumar Verma(AAG 3) ====================================================== 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 writ petition bearing C.W.J.C. no. 17441 of 2013, which has stood dismissed on account of non prosecution, vide order dated 16.01.2023.

3.

Learned counsel for the petitioner submits that on 16.01.2023, the case was listed at serial no. 925 and he was under the presumption that the case may not likely to be taken up, as such, he could not be able to prosecute the case, hence, a sympathetic view may be taken and the aforesaid writ application be restored to its original file.

Patna High Court MJC No.286 of 2023(3) dt.26-04-2024 2/2 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 writ petition bearing C.W.J.C. no. 17441 of 2013 to its original file.

5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U