Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:28033 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1162 of 2024
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1. Surendra Pratap Jayswal @ Surendra Pratap Jayaswal, aged 67 years, Son of Late Munalal Jayaswal;
2. Kiran Jayaswal aged 61 years, wife of Surendra Pratap Jayaswal; Both are R/o Village-Butbedhwa, P.O. + P.S.-Bidhamganj & District-Sonbhadra (U.P.).
… Petitioners
Versus
1. The State of Jharkhand
2. Anubhuti Jayswal, D/o Birendra Prasad; R/o At present Village Nagar Untari, P.O. + P.S.-Nagar Untari & District-Garhwa.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Gopal K. Sinha, Advocate For the State
: Mr. Shailendra Kr. Tiwary, Spl.P.P.
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Order No:-04 Dated:-12-09-2025
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.1610 of 2021 to its original file which stood dismissed for non-prosecution on 10.08.2023.
It is submitted by the learned counsel for the petitioners that Cr.M.P. No.1610 of 2021 stood dismissed for non-prosecution on 10.08.2023 by this Court. It is next submitted that as the arguing counsel had gone out of station due to some personal work, the learned counsel for the petitioners could not appear before this Court when the said Cr.M.P. No.1610 of 2021 was called out for hearing resulting in dismissal of the said Cr.M.P. No.1610 of 2021 for non-prosecution. It is next submitted that non-prosecution before this Court on 10.08.2023 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.1610 of 2021 and unless the same is restored to its original file, the
petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.1610 of 2021 be restored to its original file.
Learned counsel appearing for the State has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner and the facts of this case, Cr.M.P. No.1610 of 2021 is
directed to be restored to its original file at the same stage at which it was before its dismissal.
Registry is directed to list Cr.M.P. No.1610 of 2021 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/