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Patna High CourtCR. MISC./69975/2023allowed

Karuna Shahi v. The State Of Bihar Through The Chief Secretary, Bihar

2023-11-24Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69975 of 2023 In Criminal Writ Jurisdiction Case No.237 of 2022 Arising Out of PS. Case No.-12 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== KARUNA SHAHI WIFE OF DAYA SHANKAR PRASAD SHAHI RESIDENT OF RAGHAWPUR, P.S. - AHIYAPUR, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR BIHAR 2.

THE DIRECTOR GENERAL OF POLICE, BIHAR BIHAR 3.

THE INSPECTOR GENERAL OF POLICE, MUZAFFARPUR MUZAFFARPUR 4.

THE SENIOR SUPERINTENDENT OF POLICE, MUZAFFARPUR MUZAFFARPUR 5.

THE DEPUTY SUPERINTENDENT OF POLICE (TOWN D.S.P.), MUZAFFARPUR MUZAFFARPUR 6.

THE STATION HOUSE OFFICER, AHIYIAPUR, DISTRICT - MUZAFFARPUR MUZAFFARPUR 7.

SAVITA SHAHI @ PINKI SHAHI WIFE OF DILIP KUMAR @ FEKU SHAHI RESIDENT OF VILLAGE - RAGHOPUR SHAHBAJPUR, P.S. - AHIIYAPUR, DISTRICT - MUZAFFARPUR 8.

SON OF DILIP KUMAR @ FEKU SHAHI RESIDENT OF VILLAGE - RAGHOPUR SHAHBAJPUR, P.S. - AHIIYAPUR, DISTRICT - MUZAFFARPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mithlesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA 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. 237 of 2022, which has stood dismissed for default vide order dated

Patna High Court CR. MISC. No.69975 of 2023(2) dt.24-11-2023 2/2 28.08.2023.

3.

Learned counsel for the petitioner submits that on 28.08.2023, counsel for the petitioner has got severe pain in his left rib, due to which, he could not attend the 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. 237 of 2022 to its original file.

5.

The present petition stands allowed.

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