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2025 DAILYLAW 17813 (JHR)

GIRISH MAHATO v. THE STATE OF JHARKHAND

Cr.M.P./2053/2024 · 2025-06-13

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:15489] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2053 of 2024 ------ 1. Girish Mahato, Son of Ugan Mahato, aged about 48 years, resident of Chitahi Basti, P.O. Tundoo, P.S. Barora, District- Dhanbad. 2. Amit Kumar Mahto, Son of Lutan Mahto, aged about 32 years, resident of Tilatand, P.O. Katras Bazaar, P.S. Katras, District- Dhanbad … Petitioners Versus 1. The State of Jharkhand 2. Tiku Mahto, aged about 32 years, Son of Shambhu Mahto @ Samu Mahto, resident of Tilatand Basti, P.O. Katras Bazar, P.S. Katras, District- Dhanbad (Jharkhand) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Suraj Singh, Advocate For the State : Mr. Pankaj Kumar, P.P. ------ Order No:-05 Dated:-13-06-2025 Heard the parties. This miscellaneous petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.930 of 2021 to its original file which stood dismissed for non-prosecution on 10.06.2024. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.930 of 2021 stood dismissed for non-prosecution on 10.06.2024 by this Court. It is next submitted that the advocate’s clerk could not mark this case, in the list, hence, no one appeared before this Court when the said Cr.M.P. No.930 of 2021 was called out; resulting in dismissal of the said Cr.M.P. No.930 of 2021 for non-prosecution. It is next submitted that non-prosecution before this Court on 10.06.2024 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.930 of 2021 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.930 of 2021 be restored to its original file. Learned P.P. 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.930 of 2021 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.930 of 2021 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/