Dr. Rabindra Kumar And ANR v. The State Of Bihar And ORS

Patna High Court MJC No.3534 of 2016 (2) dt.27-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3534 of 2016 In Cr. WJC 718 of 2016 ====================================================== Dr. Rabindra Kumar & Anr .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anita Kumari, Advocate. For the Respondent/s : Mr. Prabhat Kumar Verma (AAG- 3) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 27-10-2016 By making this Misc.

application, the applicants have sought for restoration of Criminal Writ Petition No. 718 of 2016, which was dismissed for default on 17.09.2016. Heard Ms. Anita Kumari, learned Counsel for the writ petitioner-applicant, and Mr. Prabhat Kumar Verma, learned Additional Advocate General No.3, appearing on behalf of the State-opposite parties.

Having considered the averments made in the application and having heard the learned counsel for the parties, we are satisfied that the absence of the applicants and/or their counsel from the Court on 17.09.2016 was for reasons beyond their control.

In view of the above and in the interest of justice, the order, dated 17.09.2016 aforementioned, is hereby set aside and

Patna High Court MJC No.3534 of 2016 (2) dt.27-10-2016 Criminal Writ Petition No. 718 of 2016 aforementioned is hereby restored to its original file.

This Misc. Case shall accordingly stand disposed of. (I.A. Ansari,CJ) Prakash/- U