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2025 DAILYLAW 14581 (JHR)

BINOD KUMAR VISHWAKARMA v. THE STATE OF JHARKHAND

Cr.M.P./1785/2024 · 2025-08-22

Anil Kumar Choudhary

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Judgment text

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[2025:JHHC:24943] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1785 of 2024 ------ Binod Kumar Vishwakarma, son of late Jagdish Vishwakarma, aged about 63 years, resident of Subhash Colony, Near Devgiri Apartment, P.O. Kadru, P.S. Argora, District Ranchi (Jharkhand) … Petitioner Versus 1. The State of Jharkhand 2. Mr. Naresh Chandra Singh Munda, son of late Raghunath Singh, the then Divisional Forest Officer, Medininagar Forest Division, P.O. & P.S. Medininagar, District Palamau … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Rinku Bhagat, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P ------ Order No:-05 Dated:-22-08-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3307 of 2023 to its original file which stood dismissed for non-compliance of the peremptory order dated 15.02.2024 passed by this Court. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3307 of 2023 stood dismissed for non-compliance of the peremptory order dated 15.02.2024 passed by this Court to remove the defects pointed out by the stamp reporter. It is next submitted that due to fault of the advocate’s clerk, the defects pointed out by the stamp reporter could not be removed with within the stipulated time which resulted in dismissal of the said Cr.M.P. No.3307 of 2023 for non-compliance of the said peremptory order dated 15.02.2024 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 15.02.2024 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.3307 of 2023 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.3307 of 2023 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.3307 of 2023 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.3307 of 2023 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/