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Patna High CourtMJC/928/2024allowed

Shyam Kishore Singh v. The State Of Bihar

2025-02-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.928 of 2024 In Civil Writ Jurisdiction Case No.8089 of 2022 ====================================================== 1.

Shyam Kishore Singh Son of Late Saryug Singh Resident of P.S.- Maniyari, District- Muzaffarpur- Bihar.

2.

Md. Ibrar Khan Son of Late Luqman Khan (Lukman Khan), Resident of Vilalge- Gadokhar, P.O.-Kadma, P.S.-Kalkam Sandi, District-Hazaribagh, Jharkhand, Pin-82530.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Prison (Jail), Government of Bihar, Patna.

2.

The Principal Secretary Department of Prison (Jail) Government of Bihar, Patna.

3.

The Inspector General of Prison (Jail), Government of Bihar, Patna. 4.

The Superintendent, Central Jail, Muzaffarpur. 5.

The Deputy Superintendent-cum-Jailor Special Jailor Special Jail, Bhagalpur 6.

Sri Kashi Nath, Superintendent, Divisional Jail, Motihari, East Champaran, Inquiry Officer of the Departmental Proceeding. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shabbir Ahmad, Advocate For the Opposite Party/s :

Mr.Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2025

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.8089 of 2022, which has stood dismissed for want of prosecution vide order dated 16.01.2024.

2. The learned counsel for the petitioners has submitted that since the counsel for the petitioners was engaged in another Court, he could not appear when the case was called

Patna High Court MJC No.928 of 2024(3) dt.21-02-2025 2/2 out for hearing, hence, the aforesaid writ petition was dismissed for want of prosecution, thus a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No.8089 of 2022 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) Saurav/- U