Chandan Kumar v. The State Of Bihar Through The Secretary, Home, Police Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37796 of 2019 In Criminal Writ Jurisdiction Case No.565 of 2019 ====================================================== 1.

Chandan Kumar Son of Sri Krishna Prasad 2.

Jay Kumar Son of Sri Krishna Prasad Both residents of Sahibganj, Police Station- Sahibganj, DistrictMuzaffarpur. ... ... Petitioners

Versus

1.

The State of Bihar through the Secretary, Home, Police Govt. Of Bihar, Patna.

2.

The General Manager, Indian Railway, New Delhi. 3.

DRM, Varanasi Division, Railway.

4.

Senior Divisional Commissioner, Railway Protection Force, Varanasi Division, Railways.

5.

The Commandant, Railway Protection Force, Varanasi Division, Railways. 6.

The Inspector General (IG), Rail, Bihar 7.

The Superintendent of Police, Rail Muzaffarpur. 8.

Officer Incharge Inspector Railway Protection Force, Chapra Junction Bihar Mr. SN Thakur.

9.

In-charge Sub Inspector, Chapra, Kachahari namely Om Prakash Mina. Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Mukesh Kumar Singh, Advocate For the State :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

2/4 03-09-2020 Heard learned counsel for the petitioners and learned counsel for the State via video conferencing. The instant application under Section 482 of the Code of Criminal Procedure has been filed on behalf of the petitioners for restoration of the writ petition filed under Article 226 of the Constitution of India vide Cr.W.J.C. No. 565 of 2019. The said writ petition was dismissed for want of prosecution vide order dated 08.04.2019.

Section 482 of the Code of Criminal Procedure confers upon High Court inherent jurisdiction. Under the said jurisdiction the High Court has the power to pass such order(s) (not inconsistent with any provision of the Code of Criminal Procedure) including the order for costs in appropriate cases as may be necessary to give effect to any order under the Code of Criminal Procedure, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. An application which was filed under Article 226 of the Constitution of India is not an application filed under any of the provisions of the Code of Criminal Procedure. Any order passed in such application is also not an order passed under any of the provisions of the Code of Criminal Procedure. In that view of the matter, I am of the considered opinion that for restoration of a writ petition, which

3/4 has been dismissed for want of prosecution, the provisions of Section 482 of the Code of Criminal Procedure cannot be invoked. The application is thoroughly misconceived. It is dismissed accordingly.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my email by the Sr.

Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my email id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Mr. Mukesh Kumar Singh, learned counsel for the petitioners also on his email.

4/4 (v) Let steps be taken by the Sr. Secretary/registry for up-loading of the present order without compromising with the norms of social distancing. kanchan/- (Ashwani Kumar Singh, J) U T