Gopal Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2607 of 2017 In Cr. WJC 167 of 2016 ======================================================

1. Gopal Narayan Singh S/o Late Dev Narayan Singh Chairman, Narayan Medical College & Hospital Jamuhar (Rohtas) R/o At & P.O. Jamuhar, P.S. - Dehri-on-Sone, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary (Home Department), Govt. of Bihar, Patna.

2. Suboth Choudhary, Inspector of Police, Economic Offence Wing, Patna, Bihar.

3. Ghanshyam Jha, Assistant Director, Mines & Geology, Govt. of Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh, Adv For the Respondent/s : Mr. P. K. Verma - AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-08-2018 Heard learned counsel for the parties.

This application has been filed for restoration of Cr.W.J.C.No.167 of 2016 after setting aside order dated 09.08.2017 passed in the aforesaid writ application, whereby the writ application was dismissed for non-prosecution due to nonappearance of learned counsel for the petitioner. The reason for non-appearance is mentioned in the petition as negligence of the clerk in not marking the list properly.

It appears that the writ application was twice dismissed for default in the past.

Patna High Court MJC No.2607 of 2017 (4) dt.01-08-2018 2/2 For substantial justice, the dismissal of the writ application is hereby set aside and the same is ordered to be restored to its original file on payment of cost of Rs.1,000/- in the Victim Compensation Fund.

Accordingly, this application stands disposed of. (Birendra Kumar, J) Nitesh/- U