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Patna High CourtCR. MISC./31925/2019allowed

Rameshwar Singh v. State Of Bihar Through The Principal Secretary Deptt. Of Home, Govt. Of Bihar Old Secretary, Patna

2019-06-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31925 of 2019 In Criminal Writ Jurisdiction Case No.320 of 2017 Arising Out of PS. Case No.-28 Year-2015 Thana- VIGILANCE District- Patna ====================================================== Rameshwar Singh sn of Late Kedar Nath Singh Resident of VillageDhokrahar, P.S.- Majhaulia, District- West Champaran, at present residing at Mohalla- Indrapuri, House No. 46, Road No. 10, North-Patel Nagar, P.S.- Shastri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Deptt. of Home, Govt. of Bihar, Old Secretariat, Patna 2.

The Director General Vigilance Investigation Bureau, Bihar, Patna. 3.

The Superintendent of Police-cum-S.H.O. Vigilance Investigation Bureau, Vigilance Police Station, 6- Circular Road, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kuar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-06-2019 This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for restoration of Cr.W.J.C. No.320 of 2017 which was dismissed due to non-appearance of the counsel for the petitioner on 23.04.2019.

It is contended by the learned counsel for the petitioner that due to inadvertence of the clerk the case could not be marked in the cause list on 23.04.2019 as a result of which the counsel for the petitioner did not appear and the case was dismissed for want of prosecution. There is neither

Patna High Court CR. MISC. No.31925 of 2019(2) dt.19-06-2019 2/2 deliberate nor wilful default on the part of the petitioner. Considering the submissions made above, Cr.W.J.C. No.320 of 2017 is directed to be restored to its original file. (Ashwani Kumar Singh, J) Md. S/- U T