Nalin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63502 of 2024 In Criminal Writ Jurisdiction Case No.502 of 2021 Arising Out of PS. Case No.-8 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== Nalin Kumar, Son of Late Devnandan Sao R/O Village- Road No. 9b, Kishoreganj Ranchi, Po- Ranchi Gpo, Ps- Sukhdeo Nagar, Jharkhand ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Director General Of Police, Govt. Of Bihar, Old Secretariat, Patna, Bihar Bihar 3.
Under Secretary, Home (POLICE), Deptt. Govt. Of Bihar, Secretariat, Patna, Bihar Bihar 4.
Joint Secretary, Home (POLICE), Deptt. Govt. Of Bihar, Old Secretariat, Patna, Bihar Bihar 5.
The District Magistrate, Nalanda At Biharsharif, Bihar Bihar 6.
Inspector General Of Prisons, Old Secretariat, Bihar, Patna Bihar , Patna Bihar 7.
The Superintendent Of Police, Nalanda At Biharsharif, Bihar Bihar 8.
The Investigation Officer, Nalanda At Biharsharif, Bihar , Biharsharif, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar, Advocate Mr. Abhineet, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 06-12-2024
1. This is an application for restoration of Cr.W.J.C. No. 502 of 2021, which was dismissed for default vide order dated 12th of March, 2024.
2. The application for restoration was filed on 3rd of July, 2024, i.e., after a lapse of about 81 days.
3. On 24th of September, 2024, the petitioner has filed
Patna High Court CR. MISC. No.63502 of 2024(3) dt.06-12-2024 2/2 an application praying for condonation of delay in filing the restoration petition.
4. I have perused the application for restoration as well as the application filed under Section 5 of the Limitation Act.
5. The cause shown appears to be sufficient for condonation of delay.
6. Therefore, the delay is condoned and restoration application as well as application filed under Section 5 of the Limitation Act is allowed.
7. Accordingly, Cr.W.J.C. No. 502 of 2021 is restored to its original file.
8. The petitioner is directed to serve fresh notice in Cr.W.J.C. No. 502 of 2021 upon Respondent Nos. 2 to 8 and file requisites for service of notice by both modes within 7 days from the date of this Order.
The instant writ petition be listed only after service of notice.
(Bibek Chaudhuri, J) skm/- U