Vishnu Shankar Tiwary @ Vishnu Tiwary And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18030 of 2015 ======================================================
1. Vishnu Shankar Tiwary @ Vishnu Tiwary son of Sh. Ramraj Tiwary
2. Neeraj Kumar yadav @ Neeraj Yadav son of Late FuchchuYadav
3. Jay Dev kumar Yadav @ Bhim Yadav son of Late Fuchchu Yadav
4. Jay kishore @ Om Yadav son of Late Fuchchu Yadav All residents of Mohalla- Gewal Bigha Bathan, P.S -Rampur, District-Gaya .... .... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Gaya
3. The Senior Superintendent of Police, Gaya
4. The Superintendent of Police, (Town), Gaya
5. The Deputy Inspector General of Police ,Gaya.
6. The Dy. S.P. (Town), Gaya
7. The Officer Incharge , Gaya Civil Lines Police Station , Gaya
8. The A.S.I. Investigation Officer of (Gaya Civil Lines No. - 118 of 2011) Gaya Civil Lines Police Station, Gaya.
9. Simpu Singh son of Shri Uday Singh, Resident of Mohalla- Gewal Bigha Batha, P.S- Rampur, District- Gaya.
10. Ruby Devi wife of late Satish Kumar Singh, Resident of MohallaGewal Bigha Batha, P.S- Rampur, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aaruni Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar, S.C.-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-04-2015 In my considered opinion, for restoration of a writ petition dismissed for want of prosecution, an application under section 482 of the Code of Criminal Procedure would not be maintainable.
In that view of the matter, the present application under section 482 of the Code of Criminal Procedure for restoration of Cr.W.J.C. No.222 of 2014 is dismissed as not maintainable. However, the petitioners would be at liberty to file an
Patna High Court Cr.Misc. No.18030 of 2015 (2) dt.22-04-2015 2/2 appropriate application under appropriate provision of law for restoration of aforesaid Cr.W.J.C. No.222 of 2014. (Ashwani Kumar Singh, J) Md.S./- U T