Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 17165 (JHR)

SANTOSH KUMAR SHIT v. THE STATE OF JHARKHAND

Cr.M.P./1918/2024 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1918 of 2024 ------ Santosh Kumar Shit @ Santosh Kumar Sit, aged about 44 years, son of Rajni Kant Shit, resident of (Near Shiv Mandir), village- Dharambahal (Laldih), P.O. and P.S.- Ghatshila, District- East Singhbhum, Jharkhand- 832303 … Petitioner Versus 1. The State of Jharkhand 2. Smt. Sandhya Srivastava, wife of Shri Prabodh Kumar, resident of House No.12, New Housing City, Housing Colony, Bariatu, P.O. and P.S.- Bariatu, District- Ranchi … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Anish Kr. Mishra, Advocate For the State : Mr. Bhola Nath Ojha, Spl.P.P. For the O.P. No.2 : Mr. Pandey P.N. Roy, Sr. Advocate Mr. Pandey A. N. Roy, Advocate ------ Order No:-06 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.2599 of 2023 to its original file which stood dismissed for non-compliance of the peremptory order dated 09.02.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2599 of 2023 stood dismissed for non-compliance of the peremptory order dated 09.02.2024. It is next submitted that Cr.M.P. No.2599 of 2023 was listed before this Bench and the petitioner was directed to remove defects pointed out by the stamp reporter within two weeks but the counsel on record was the only conducting counsel for the petitioner and was appearing in A.C.(S.B.) No.09 of 2022 before the Court No.7 when Cr.M.P. No.2599 of 2023 was called out, hence, the defect could not be removed within the peremptory period; which resulted in dismissal of the said Cr.M.P. No.2599 of 2023 for non-compliance of the peremptory order dated 09.02.2024. It is next submitted that non-compliance of the said peremptory order dated 09.02.2024 before this court 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.2599 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.2599 of 2023 be restored to its original file. Learned Spl.P.P. appearing for the State and the learned senior counsel for the opposite party No.2 have not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.2599 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.2599 of 2023 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/