Patna High CourtMJC/1634/2016allowed

Vishnu Shankar Tiwary @ Vishnu Tiwary And ORS v. The State Of Bihar And ORS

2016-10-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1634 of 2016 ====================================================== 1.Vishnu Shankar Tiwary @ Vishnu Tiwary son of Sh. Ramraj Tiwary

2. Neeraj Kumar Yadav @ Neeraj Yadav

3. Jay Dev Kumar Yadav @ Bhim Yadav

4. Jay Kishore @ Om Yadav All resident of Mohalla- Gewel Bigha Bathan, P.S.-Rampur, District- Gaya .... .... Petitioner/s

Versus

1.The State of Bihar

2. The District Magistrate, Gaya

3. The Senior Superintendent of Police, Gaya

4. The Superintendent of Police (Town), Gaya

5. The Deputy Inspector General of Police, Gaya

6. The Dy. S.P., (Town), Gaya

7. The Officer-in-charge, Gaya Civil Lines Police Station, Gaya

8. The ASI Investigation Officer of (Gaya Civil Lines No. 118 of 2011), Gaya Civil Lines Police Station, Gaya

9. Simpu Singh son of Shri Uday Singh, resident of Mohalla-Gewal Bigha Bathan, P.S.-Rampur, District- Gaya

10. Ruby Devi wife of Late Satish Kumar Singh, resident of Mohalla-Gewal Bigha Bathan, P.S.-Rampur, District- Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aaruni Singh, Advocate For the Respondent/s : Mr. Vijay Kumar Singh No.1, AC to SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-10-2016 Heard Mr. Aaruni Singh, learned counsel for the petitioner.

This application has been filed for restoration of Cr.W.J.C. No.222 of 2014 which has been dismissed for nonprosecution vide order dated 23.11.2015. It is contended by the learned counsel for the petitioners that due to inadvertence the office clerk failed to mark the cause

Patna High Court MJC No.1634 of 2016 (3) dt.05-10-2016 2/2 list on 23.11.2015 as a result of which he could not appear before the Court and the application was dismissed for non-prosecution. Learned counsel for the State does not oppose the prayer made on behalf of the petitioner for restoration of the application. Having regard to the submissions made at the Bar, the prayer is allowed. Cr.W.J.C. No.222 of 2014 is restored to its original file.

Let Cr.W.J.C. No.222 of 2014 be listed on 17th October, 2016 under the heading "For Admission" as first case. (Ashwani Kumar Singh, J) Md.S./- U T