Ashmeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 1051 of 2023 In Criminal Writ Jurisdiction Case No.416 of 2021 ====================================================== 1.

Ashmeet Singh Son of Sri Amarjeet Singh, Resident of E-43, Chhatarpur Extension, Near Nanda Park, P.S.- Chhatarpur, New Delhi. 2.

Prashant Yadav Son of Sri Kamlesh Yadav, resident of 1/74, Vishwas Khand, Ujariyaon, Bakshi Ka Talab, P.S.- Gomti Nagar, Lucknow (Uttar Pradesh). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Main Secretariat, Patna. 2.

The Director General of Police, Government of Bihar, Main Secretariat, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The Station House Officer, Patliputra Police Station, Patna. 5.

Saytendra Kumar Shahi, Officer-in-Charge-cum-SHO, Patliputra Police Station, Patna.

6.

Siddhartha Kasana Son of S. Kasana, Resident of Road No. 4l, People Drive, Kasana Firm, DLF, Chhatarpur, P.S.- Chhatarpur, New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akshansh Ankit, Adv.

For the State :

Mr. Manish Dhari Singh, (AC to AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-09-2023 Learned counsel for the petitioners and learned counsel for the State are present.

2. The present application has been filed for restoration of Cr. W.J.C. No. 416 of 2021 to its original file which was dismissed due to non-prosecution vide order dated 10.04.2023 passed by this Hon'ble Court.

3. Learned counsel for the petitioners submits that he

Patna High Court MJC No. 1051 of 2023(2) dt.01-09-2023 2/2 has received Vakalatnama with N.O.C. and he has filed the same on portal on 07.04.2023 but the day on which the case was listed i.e. on 10.04.2023, same was not reflected on the website as well as in the daily cause list and as such, the petitioners could not mark this case in the list of 10.04.2023 and this case was dismissed due to non-prosecution.

4. Learned counsel for the State submits that this case may be restored.

5. On the ground of the submissions made, let this case be restored to its original file, namely, Cr. W.J.C. No. 416 of 2021.

6. With this direction, the present application is hereby allowed.

(Dr. Anshuman, J.) sadique/- U