Musaphir Rai @ Musaphir Prasad Yadav @ Upnesh Prasd Yadav v. The State Of Bihar Through The D.G.P., Govt. Of Bihar, Old Secretariat, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65241 of 2023 In Criminal Writ Jurisdiction Case No.410 of 2021 Arising Out of PS. Case No.-84 Year-2020 Thana- DORIGANJ District- Saran ====================================================== MUSAPHIR RAI @ MUSAPHIR PRASAD YADAV @ UPNESH PRASD YADAV SON OF LATE KHALIPHA RAI RESIDENT OF VILLAGE - JALALPUR, P.O. - RASALPURA, P.S. - DORIGANJ AND THE DISTRICT - SARAN ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE D.G.P., GOVT. OF BIHAR, OLD SECRETARIAT, PATNA BIHAR 2.

THE I.G. (INSPECTOR GENERAL OF POLICE) AT OFFICE OF THE I.G., SARAN AT CHHAPRA SARAN 3.

THE D.I.G. (DEPUTY INSPECTOR GENERAL OF POLICE) AT OFFICE OF THE D.I.G., SARAN AT CHHAPRA SARAN 4.

THE DISTRICT MAGISTRATE, SARAN AT CHHAPRA AT OFFICE OF THE D.M., P.O. - SAHEBGANJ, DISTRICT - SARAN SARAN 5.

THE S.P. (SUPERINTENDENT OF POLICE), SARAN AT CHHAPRA AT OFFICE OF S.P. SARAN, P.O. - SAHEBGANJ DISTRICT - SARAN 6.

THE DY.S.P. (DEPUTY SUPERINTENDENT OF POLICE), SARAN AT CHHAPRA AT OFFICE OF DY.S.P., AT CHHAPRA, DISTRICT - SARAN 7.

THE S.H.O. (STATION HEAD OFFICER), AT DORIGANJ POLICE STATION, P.O. - CHIRAND, DISTRICT - SARAN SARAN 8.

THE I.O. (INVESTIGATING OFFICER) IN DORIGANJ P.S. CASE NO.84/2020 AT DORIGANJ POLICE STATION P.O. - CHIRAND, DISTRICT - SARAN 9.

MISS. ARCHANA KUMARI (JUNIOR ENGINEER) D/O. SURENDRA PRASAD SAH POSTED AT ELECTRIC SUB-POWER FEEDER AT JALALPUR, P.O. - RASALPURA, P.S. - DORIGANJ, DISTRICT - SARAN 10.

THE EXECUTIVE ENGINEER (PROJECT) ELECTRICITY SUPPLY CIRCLE, AT CHHAPRA P.O. - SAHEBGANJ, DISTRICT - SARAN, ELECTRICAL 11.

THE SUPERINTENDING ENGINEER, AT CHHAPRA, P.O. - CHHAPRA, DISTRICT - SARAN SARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Shankar Prasad Yadav For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

Patna High Court CR. MISC. No.65241 of 2023(2) dt.24-11-2023 2/3 ORAL ORDER 24-11-2023 1.

Heard learned counsel for the parties concerned. 2.

The present petition has been filed for restoration of a criminal writ petition bearing Cr.W.J.C. no. 410 of 2021, which has stood dismissed on account of non compliance of the peremptory order dated 17.07.2023.

3.

Learned counsel for the petitioner submits that all the defects have been removed but beyond the peremptory time, granted by this Court, hence, it is submitted that a sympathetic view be taken and the aforesaid writ application be restored to its original file.

4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, I deem it fit and appropriate to restore the aforesaid writ petition bearing Cr.W.J.C. no. 410 of 2021 to its original file, subject to verification by the office regarding removal of defects.

5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U T

Patna High Court CR. MISC. No.65241 of 2023(2) dt.24-11-2023 3/3