Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 12121 (JHR)

ADITYA JAJODIA v. THE STATE OF JHARKHAND

Cr.M.P./1241/2024 · 2025-03-21

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1241 of 2024 ------ Aditya Jajodia, aged about 53 years, son of Late R.P. Jajodia, Resident of 11 Raja Santosh Road, P.O. & P.S. Alipore, District Kolkata, West Bengal. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mrs. Vani Kumari, Advocate : Mr. Nagendra Pathak, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. ------ Order No:-06 Dated:-21-03-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.1963 of 2021 to its original file which stood dismissed for non-prosecution vide order dated 23.02.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.1963 of 2021 stood dismissed for non-prosecution vide order dated 23.02.2024. It is next submitted that Cr.M.P. No.1963 of 2021 was listed before this Bench on 23.02.2024 and the learned counsel for the petitioner submits that due to mistake, the case could not be marked/noted on the cause list, hence, the learned counsel for the petitioner could not turn up when Cr.M.P. No.1963 of 2021 was called out; which resulted in dismissal of the said Cr.M.P. No.1963 of 2021 for non-prosecution vide order dated 23.02.2024. It is next submitted that non-prosecution before this court on 23.02.2024 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.1963 of 2021 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.1963 of 2021 be restored to its original file. Learned Spl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.1963 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.1963 of 2021 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/