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Patna High CourtMJC/2278/2022allowed

Nathun Chaudhari v. The State Of Bihar Through Home Commissioner,

2023-03-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2278 of 2022 In Civil Writ Jurisdiction Case No.4499 of 2021 ====================================================== Nathun Chaudhari Son of Sarju Chaudhari Resident of Village- Sadipur, Police Station, Khijarsarai, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Home Commissioner, Government of Bihar. 2.

Division Commissioner, Magadh Division, Gaya. 3.

District Magistrate, Gaya.

4.

Superintendent of Police, Gaya.

5.

Dy. Superintendent of Police, Neemchak Bathani, Head Quarter at Khijarsarai, District- Gaya.

6.

Arms Magistrate, Gaya.

7.

Officer-in-Charge of Khijarsarai Police Station, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s :

Mr.Sheo Shankar Prasad (SC 8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-03-2023 The defect pointed out by the registry is ignored. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. no. 4499 of 2021, which has stood dismissed on account of non- prosecution vide order dated 12.10.2022.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid writ petition was dismissed on

Patna High Court MJC No.2278 of 2022(2) dt.15-03-2023 2/2 account of non- prosecution.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. no. 4499 of 2021 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) rinkee/- U