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2025 DAILYLAW 13854 (JHR)

ASHWINI KUMAR SINGH v. THE STATE OF JHARKHAND

Cr.M.P./1264/2025 · 2025-06-20

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:16362] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1264 of 2025 ------ Ashwini Kumar Singh, aged about 44 years, S/o Late Mithlesh Singh, R/o At- Shanti Nagar, PO- Samlong, PS- Namkum, District- Ranchi, State- Jharkhand … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sheo Kr. Singh, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P. ------ Order No:-03 Dated:-20-06-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.2189 of 2024 to its original file which stood dismissed for non-compliance of the peremptory order dated 07.03.2025 passed by this Court. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2189 of 2024 stood dismissed for non-compliance of the peremptory order dated 07.03.2025 passed by this Court to file a supplementary affidavit showing proof of deposit of Rs.4,00,000/- with the Divisional Manager, Food Corporation of India Limited, Division Office, Daltonganj. It is next submitted that as the petitioner could not arrange Rs.4,00,000/- within the stipulated time, hence, the said affidavit could not be filed within the stipulated time which resulted in dismissal of the said Cr.M.P. No.2189 of 2024 for non-compliance of the said peremptory order dated 07.03.2025 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 07.03.2025 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.2189 of 2024 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.2189 of 2024 be restored to its original file. Learned Spl.P.P. appearing for the State has not raised any serious objection. Considering the facts of this case and the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.2189 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 Cr.M.P. No.2189 of 2024 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/