Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 15832 (JHR)

DEBASISH MAZUMDAR ALIAS DEVASISH MAJUMDAR v. THE STATE OF JHARKHAND

Cr.M.P./1341/2025 · 2025-07-04

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:17972 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1341 of 2025 ------ Debasish Mazumdar @ Devasish Majumdar, aged about 60 years, son of Deb Kumar Mazumdar, M/s Usha Martin Ltd. (Usha Alloys & Steel Division), Phase-5, Adityapur Industrial Area, P.O.- Gamharia, P.S.-Gamharia, District-Seraikella-Kharsawan. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. P.A.S. Pati, Advocate : Mr. Akshay Kumar, Advocate For the State : Ms. Vandana Bharti, 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 Cr.M.P. No.1 of 2019 to its original file which stood dismissed for non-prosecution vide order dated 20.09.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.1 of 2019 stood dismissed for non-prosecution vide order dated 20.09.2024. It is next submitted that as the petitioner no.1 was pursuing the case and pursuant to his death the matter could not be properly pursued; the same resulted in dismissal of the said Cr.M.P. No.1 of 2019 for non- prosecution vide order dated 20.09.2024. It is next submitted that non- prosecution vide order dated 20.09.2024 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.1 of 2019 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.1 of 2019 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, Cr.M.P. No.1 of 2019 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.1 of 2019 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/