Sanjay Kumar @ Bhondu v. The State Of Biharthrough Home Secretary, Govt. Of Bihar, Old Secretariat, Harding Road, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4135 of 2024 In Criminal Writ Jurisdiction Case No.375 of 2022 Arising Out of PS. Case No.-37 Year-2018 Thana- RAMPUR District- Gaya ====================================================== SANJAY KUMAR @ BHONDU SON OF LATE SHIV PRASAD R/OGEWAL BIGHA, AKHDA, DURGA MANDAP, P.S.-RAMPUR, DISTT.- GAYA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH HOME SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, HARDING ROAD, PATNA PATNA, BIHAR 2.

THE LAW SECRETARY, LAW DEPARTMENT, GOVT. OF BIHAR, PATNA BIHAR 3.

THE DIRECTOR GENERAL OF POLICE (D.G.P), PATNA BIHAR 4.

THE INSPECTOR GENERAL OF POLICE (I.G), GAYA BIHAR 5.

THE DISTRICT MAGISTRATE, GAYA BIHAR 6.

THE SENIOR SUPERINTENDENT OF POLICE, GAYA BIHAR 7.

CHHOTU RAWANI SON OF SHIVRATAN RAM R/O-GEVAL BIGHA AKHARA, P.S.-RAMPUR, DISTT.-GAYA. PRESENTLY IN CENTRAL JAIL, GAYA, BIHAR-823001 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Nath Tiwari, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-03-2024 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. 375 of 2022, which has stood dismissed on account of non compliance of the peremptory order dated 03.08.2023.

3.

Learned counsel for the petitioner submits that vide

Patna High Court CR. MISC. No.4135 of 2024(3) dt.20-03-2024 2/2 aforesaid order, the petitioner was directed to remove all the defects within two weeks. He further submits that all the defects have been removed except defect no. 7 due to the fact that petitioner became ill and he could not inform his counsel, the age of respondent no. 7, within time, hence, a sympathetic view may 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. 375 of 2022 to its original file, subject to removal of defect no. 7, within two weeks.

5.

The present petition stands allowed.

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