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Patna High CourtMJC/2850/2023allowed

Shahbuddin Ansari v. The State Of Bihar

2023-12-08Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2850 of 2023 In Criminal Writ Jurisdiction Case No.1037 of 2022 ====================================================== Shahbuddin Ansari S/o Late Shahid Ansari, Resident of Village Fakruddinpur, P.S. G.B. Nagar, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through Director General of Police, Bihar Patna. 2.

The D.I.G., Saran.

3.

The Superintendent of Police, Siwan.

4.

The Sub-Divisional Police Officer, Sadar, Siwan. 5.

The S.H.O. G.B. Nagar, Police Station- Siwan. 6.

The Investigating Officer of G.B. Nagar, P.S. Case No. 337/20 dated 20.12.2020.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr.Sheo Shankar Prasad (SC 8) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2023 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. 1037 of 2022, which has stood dismissed on account of non compliance of the peremptory order dated 25.08.2023.

3.

Learned counsel for the petitioner submits that the peremptory order dated 25.08.2023 has not been complied due to the fact that the petitioner has not handed over the original copy of the writ petition, hence, a sympathetic view may be taken and the aforesaid writ application be restored to its

Patna High Court MJC No.2850 of 2023(3) dt.08-12-2023 2/2 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. 1037 of 2022 to its original file, subject to removal of defect by the petitioner, within two weeks from today.

5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U