Patna High CourtMJC/2431/2016allowed

Vivek Kumar And ORS v. The State Of Bihar And ORS

2016-10-05The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2431 of 2016 ======================================================

1. Vivek Kumar Son of Ram Naresh Prasad

2. Vikash Kumar Son of Ram Naresh Prasad

3. Ram Naresh Prasad Son of Late Devnandan Prasad

4. Gaytri Devi Wife of Ram Naresh Prasad

5. Jyoti Devi @ Jyoti Kumari Wife of Vikash Kumar All are residents of Bairia Gandhi Nagar, P.S. Ahiyapur, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Home Affairs, Government of Bihar, Old Secretariat, Patna

3. The Director General of Police, Government of Bihar, OLd Secretariat, Patna

4. The Inspector General of Police, Tirhut Prramandal, Muzaffarpur

5. The Superintendent of Police, Muzaffarpur

6. The S.H.O. Police Station Ahiyapur, Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumod Kumar Shrivastaw For the Respondent/s : Mr. S.P.Singh, GA 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-10-2016 By making this miscellaneous application, the petitioners have sought for restoration of Cr.W.J.C.No. 436 of 2016, which was dismissed for default on 29.06.2016. Heard Mr. K.K.Shrivastaw, learned counsel for the petitioners and Mr. S.P.Singh, learned G.A, appearing on behalf of the State.

Having considered the averments made in the application and having heard the learned counsel for the petitioners, I am satisfied that the absence of the petitioners and/or

Patna High Court MJC No.2431 of 2016 (3) dt.05-10-2016 their counsel from the Court, on 29.06.2016, was for reasons beyond their control.

In view of the above and in the interest of justice, the restoration application is allowed and Cr.W.J.C. No. 436 of 2016, aforementioned is hereby restored to its original file. This Miscellaneous Case shall, accordingly, stand disposed of.

(I.A. Ansari,CJ) A.I./- U