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Patna High CourtCR. MISC./24371/2019allowed

Anwar Hasan Rijavi v. The State Of Bihar Through Its Director General Police-Cum-Inspector General Of Police,Bihar,Patna.

2019-08-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24371 of 2019 In Criminal Writ Jurisdiction Case No.2323 of 2018 Arising Out of PS. Case No.-166 Year-2018 Thana- ITARHI District- Buxar ====================================================== Anwar Hasan Rijavi son of Md. Noor Hasan Ansari, Resident of Chini Mill, Ward No.34, P.O-Gajadharganj, P.S-Itarhi, District-Buxar. ... ... Petitioner

Versus

1.

The State of Bihar through its Director General of Police-cum-Inspector General of Police, Bihar, Patna.

2.

The Deputy Inspector General of Police, Buxar Division, Buxar. 3.

The Commissioner, Patna Pramandal, Patna.

4.

The District Magistrate, Buxar.

5.

The Superintendent of Police, Sadar, Buxar.

6.

The Deputy Superintendent of Police, Sadar, Buxar. Buxar. 7.

Shree Umesh Kumar Singh son of Late Parmanand Singh, Resident of Mohalla-Nawada, Arrah, P.O. and P.S.-Nawada, Arrah, District-Bhojpur. At present posted as Block Education Officer, Itarhi, District-Buxar. 8.

The Station House Officer, Itarhi, District-Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Shashi Shekhar Kishore, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-08-2019 This application under Section 482 of the Code of Criminal Procedure has been filed for restoration of Cr.W.J.C. No.2323 of 2018, which stood dismissed on 19.02.2019 for want of prosecution.

Learned counsel for the petitioner submitted that due to illness he could not come to court on 19.02.2019, as such, the case went unattended and was dismissed for want of

Patna High Court CR. MISC. No.24371 of 2019(2) dt.14-08-2019 2/2 prosecution. He contended that there was no deliberate or wilful laches on the part of the petitioner.

Having regard to the submission made above, the application is allowed.

Cr.W.J.C. No.2323 of 2018 is directed to be restored to its original file.

(Ashwani Kumar Singh, J) Md. S/- U T