Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:11221 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3237 of 2024
------ Sahdeo Singh, aged about 50 years Son of Moti Singh, Resident of Village-Karar, P.O. and P.S.-Panki, District-Palamau.
… Petitioner
Versus
1. The State of Jharkhand
2. Bijay Kumar Bharti aged about 42 years, S/o Sri Deen Dayal Bharti, R/o Village-Dhangaon, P.O.-Pathak Pagar, P.S.-Tarhansi, District-Palamau.
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State
: Mrs. Priya Shrestha, Spl.P.P.
------
Order No:-03 Dated:-11-04-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3114 of 2023 to its original file; which stood dismissed for non-compliance of peremptory order dated
03.04.2024.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3114 of 2023 stood dismissed for non-compliance of the order dated 03.04.2024 for filing requisites for service of notice upon the opposite party no.2 peremptorily within two weeks. It is next submitted that due to inadvertent mistake on the part of advocate’s clerk, the petitioner could not file the said requisites within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.3114 of 2023 for non-compliance vide order dated
03.04.2024. It is next submitted that non-compliance of the said order dated 03.04.2024 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.3114 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.3114 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.3114 of 2023 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.3114 of 2023 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/