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2025 DAILYLAW 16422 (JHR)

MOHAN SAO v. THE STATE OF JHARKHAND

Cr.M.P./1876/2024 · 2025-08-29

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:26235 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1876 of 2024 ------ 1. Mohan Sao, aged about 79 years, son of Late Banshi Sao, 2. Chandan Soni @ Rakesh, aged about 38 years, son of Mohan Prasad 3. Sita Devi, aged about 64 years, son of Sri Mohan Sao 4. Rani Devi @ Rani, aged about 31 years, D/o Arjun Soni 5. Naresh Soni @ Naresh Sahu, aged about 68 years, son of Late Banshi Sao 6. Panchratan Soni @ Panchratan, aged about 52 years, son of Chhotu Ram Manika. 7. Raju Soni @ Sameer Soni, aged about 27 years, son of Sri Panchratan Prasad 8. Mamta Devi @ Mamta Soni, aged about 42 years, wife of Sri Panchratan Saw All resident of Village-Pathalgada, P.O. + P.S.-Pathalgada, District- Chatra, Jharkhand. … Petitioners Versus 1. The State of Jharkhand 2. Rajesh Kumar Soni, aged about 36 years, son of Late Laxman Soni, present resident of Village-Chhati Gadi Long, P.O. + P.S.- Tandawa, District-Chatra. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Krishna Prajapati, Advocate For the State : Mr. Shiv Shankar Kumar, Addl.P.P. ------ Order No:-04 Dated:-29-08-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.4769 of 2022 to its original file; which stood dismissed for non-compliance of peremptory order dated 22.04.2024. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.4769 of 2022 stood dismissed for non-compliance of the order dated 22.04.2024 for removing the defects peremptorily within two weeks. It is next submitted that due to inadvertent mistake, the petitioners could not remove the said defects within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.4769 of 2022 for non-compliance vide order dated 22.04.2024. It is next submitted that non-compliance of the said order dated 22.04.2024 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.4769 of 2022 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.4769 of 2022 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 petitioners, Cr.M.P. No.4769 of 2022 is directed to be restored to its original file to the same stage, at which it was before its dismissal. Registry is directed to list Cr.M.P. No.4769 of 2022 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/