Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1367 of 2024
------ Md. Kalim Ansari @ Karim Ansari, aged about 50 years, Son of Panbabu Ansari, R/o Village Dumrajore, P.O. Chikasiya, P.S. Bokaro, District Bokaro
… Petitioner
Versus
1. The State of Jharkhand
2. Suresh Kumar Murmu, S/o Bhola Nath Manjhi, R/o Choura, P.O. Narayanpur, P.S. Pindajoria, District Bokaro.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Pankaj Kumar, Advocate For the State
: Mr. Manoj Kumar, Addl.P.P. For the O.P. No.2 : None
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Order No:-05 Dated:-24-01-2025
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3325 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.3325 of 2021 stood dismissed for non-prosecution on 10.08.2023 by this Court. It is next submitted that the counsel for the petitioner could not mark the case, hence, no one appeared before this Court when the said Cr.M.P. No.3325 of 2021 was called out resulting in dismissal of the said Cr.M.P. No.3325 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 petitioner has very good grounds to agitate in the said Cr.M.P. No.3325 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.3325 of 2021 be restored to its original file.
Learned Addl.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.3325 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.3325 of 2021 before the concerned Bench after a week.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Animesh /