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2025 DAILYLAW 20309 (JHR)

AMJAD HUSSAIN ALIAS MD AMJAD HUSSAIN v. THE STATE OF JHARKHAND

Cr.M.P./1858/2025 · 2025-08-08

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:22714] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1858 of 2025 ------ Amjad Hussain @ Md. Amjad Hussain, Age: 37 yrs, S/o. Late Sattar Ali, Occupation: Business, Having Address at: Govt. Quarters, Department of Health, Near D.C. Office, P.O. & P.S.- Ramgarh, District- Ramgarh, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ashutosh Anand No.2, Advocate For the State : Mr. Suraj Deo Munda, Addl.P.P. ------ Order No:-02 Dated:-08-08-2025 Heard the parties. This miscellaneous petition has been filed by the petitioner with a prayer for restoration of B.A. No.3529 of 2025 its original file which stood dismissed for non-prosecution on 11.07.2025. It is submitted by the learned counsel for the petitioner that B.A. No.3529 of 2025 stood dismissed for non-prosecution on 11.07.2025 by this Court. It is next submitted that the counsel for the petitioner could not mark the case, hence, no one appeared before this Court when the said B.A. No.3529 of 2025 was called out resulting in dismissal of the said B.A. No.3529 of 2025 for non- prosecution. It is next submitted that non-prosecution before this Court on 11.07.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said B.A. No.3529 of 2025 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the B.A. No.3529 of 2025 be restored to its original file. Learned Addl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, B.A. No.3529 of 2025 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 B.A. No.3529 of 2025 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/