Patna High CourtCR. MISC./14297/2015allowed

Raju Tiwari And ANR v. The State Of Bihar Through Home Secretary, Old Secretariat Building Patna And ORS

2015-04-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14297 of 2015 ======================================================

1. Raju Tiwari.

2. Ratan Tiwari.

Both sons of Vishwa Jeewan Tiwary, R/o - Kamalua Khajuria, P.S. - Malahi, District - East Champaran.

.... .... Petitioners.

Versus

1. The State of Bihar through Home Secretary, Old Secretariat Building Patna.

2. The Director General of Police, Government of Bihar, Old Secretariat Building, Patna.

3. The Superintendent of Police, East Champaran at Motihari.

4. Mr. Santosh Kumar, Sub Inspector of Police, P.S. - Gobindganj, District East Champaran.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioners : Mr.

For the Opposite Parties : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------- 22-04-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

This application has been filed on behalf of the petitioners for restoration of Criminal Misc. No.5969 of 2006, which stood rejected on 26.03.2012 for non compliance of the order dated 27.02.2012, whereunder further four weeks' peremptory time was granted to the petitioners to take steps for fresh service of notice upon opposite party no.4 under ordinary process as well as registered cover with A/D at the correct and

Patna High Court Cr.Misc. No.14297 of 2015 (2) dt.22-04-2015 2/2 present address.

Learned counsel appearing on behalf of the petitioners submits that till today no chargesheet has been submitted against the petitioners and the case is still pending for investigation. For the reasons mentioned in this application, the same is allowed and the Criminal Misc. No.5969 of 2006 is restored to its original file and number subject to the condition that the order dated 27.02.2012 passed in Criminal Misc. No.5969 of 2006 is complied within two weeks from today.

(Rajendra Kumar Mishra, J) P.S./- U