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2025 DAILYLAW 11972 (JHR)

MANISH TUDU ALIAS SANTU KUMAR TUDU v. THE STATE OF JHARKHAND

Cr.M.P./1389/2025 · 2025-07-04

Anil Kumar Choudhary

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Judgment text

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( 2025:JHHC:17973 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1389 of 2025 ------ Manish Tudu @ Santu Kumar Tudu, aged about 34 years, S/o- Chetan Tudu, R/o Village-Sotrabad, P.O.-Gadi Nawdiha, P.S.- Jamua, District-Giridih (Jharkhand). … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Dhirendra Kr. Deo, Advocate For the State : Mr. Nawin Kr. Singh, Addl.P.P. ------ Order No:-02 Dated:-04-07-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of A.B.A. (Filing) No.29936 of 2024 to its original file which stood dismissed for non-compliance of peremptory order dated 06.03.2025. It is submitted by the learned counsel for the petitioner that A.B.A. (Filing) No.29936 of 2024 stood dismissed for non-compliance of peremptory order dated 06.03.2025 for removing the defects pointed out by the stamp reporter peremptorily within two weeks. It is next submitted that due to inadvertence on the part of the office clerk, the learned counsel for the petitioner could not remove the defects within the stipulated time; which resulted in dismissal of the said A.B.A. (Filing) No.29936 of 2024 for non- compliance of peremptory order dated 06.03.2025. It is next submitted that non-compliance of peremptory order dated 06.03.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said A.B.A. (Filing) No.29936 of 2024 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the A.B.A. (Filing) No.29936 of 2024 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, A.B.A. (Filing) No.29936 of 2024 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 A.B.A. (Filing) No.29936 of 2024 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/