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Patna High CourtMJC/2052/2016allowed

Arjun Prasad And ANR v. The State Of Bihar And ORS

2017-07-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2052 of 2016 In Cr. WJC 691 of 2015 ======================================================

1. Arjun Prasad son of Khedaru Ram

2. Suman Kumari @ Suman Devi, Wife of Arjun Prasad Both Resident of village - Jagdishpur, P.S.- Bijaipur @ Vijaypur, District - Gopalganj .... .... Petitioners

Versus

1. The State of Bihar through the Secretary, Department of Home, Government of Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The Inspector General of Police, Bihar, Patna

4. The Deputy Inspector General of Police, Saran Range at Chapra

5. The Superintendent of Police, Gopalganj

6. The Deputy Superintendent of Police, Gopalganj

7. The Officer In - Charge Bijaipur Police Station, District Gopalganj

8. Sri Sanjay Sah Son of Sri Dina Nath Sah, Ex - Mukhiya, Gram Panchayat Raj, Jagdishpur, P.S. Bijaipur, District - Gopalganj

9. Ram Sahay Ram @ Ram Shahay Prasad, Son of Late Durlabh Prasad, Resident of village - Jagdishpur, P.S.- Bijaipur, District - Gopalganj .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Prasad, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-07-2017 MJC No. 2052 of 2016 The defect pointed out by the Stamp Reporter is ignored.

Considering the submission made by the learned counsel for the petitioners, the application for restoration of

Patna High Court MJC No.2052 of 2016 (2) dt.12-07-2017 2 / 2 Cr.W.J.C. No.691 of 2015, which was dismissed for want of prosecution vide order dated 04.05.2016, is allowed. Let Cr.W.J.C. No.691 of 2015 is restored to its original file.

Cr.W.J.C. No.691 of 2015 At the outset, learned counsel for the petitioner sought leave to delete the prayer made in para 1(i) of the writ petition in order to file an appropriate writ petition before this Court in the same subject matter.

Leave is granted.

He has submitted that so far as the other prayers are concerned, since the police have already submitted final report and the application was filed for quashing of the first information report, the writ application has become infructuous. Accordingly, the writ application is disposed of as infructuous.

(Ashwani Kumar Singh, J.) Sanjeet/- U T