Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3208 of 2024
------
1. Md. Shamimuddin, Aged about 65 years S/o Md. Shafruddin, R/o Road no. 10 East, Flat no.- 201, 2nd Floor, Ajwaburj, Old Purulia Road, Azad nagar, P.O. and P.S. Azad Nagar, Jamsedhpur, District – East Singhbhum Jharkhand.
2. Shabnam Shamim, Age about 57 W/o Md. Samimuddin, R/o Road no. 10 East, Flot no.- 201, 2nd Floor, Ajwaburj, Old Purulia Road, Azad nagar, P.O and P.S. Azad Nagar, Jamsedhpur, District- East Singhbhum.
3. Shaima Amrin, Aged about 30 years W/O- Nadim Khan, R/O- Road no. 10 East, Flat no.- 201, 2nd Floor, Ajwaburj, Old Purulia Road, Azad nagar, P.O and P.S. Azad Nagar, Jamsedhpur, District- East Singhbhum.
4. Nadim Khan, Aged about 35 years, R/o- Road no. 10 East, Flat no.-201, 2nd Floor, Ajwaburj, Old Purulia Road, Azad nagar, P.O and P.S. Azad Nagar, Jamsedhpur, District – East Singhbum.
5. Md. Tarique Shamim, Age about 36 years S/o Md. Shamimuddin, R/o Road no. 10 East, Flat no.- 201, 2nd Floor, Ajwaburj, Old Purulia Road, Azad nagar P.O and P.S, Jamsedhpur, Jharkhand.
… Petitioners
Versus
1. The State of Jharkhand
2. Heena Akhtar, w/o Md. Tarique Shamim, R/o Road no. 10 East, Flat no.- 201, 2nd Floor, Ajwaburj, Old Purulia Road, Azad nagar, Azad nagar, P.O and P.S, Jamsedhpur, Jharkhand.
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Raunak Sahay, Advocate For the State
: Ms. Kumari Rashmi, Addl.P.P.
------
Order No:-03 Dated:-07-02-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.2410 of 2023 to its original file
which stood dismissed for non-compliance of the peremptory order dated
09.01.2024.
It is submitted by the learned counsel for the petitioners that Cr.M.P. No.2410 of 2023 stood dismissed for non-compliance of the peremptory
order dated 09.01.2024. It is next submitted that Cr.M.P. No.2410 of 2023 was listed before this Bench and the petitioners were directed to issue notice to the opposite party No.2 under registered post with A/D as well as under ordinary process within two weeks. It is next submitted that due to lapse on the part of the office of Advocate concerned, the learned counsel for the petitioners could not file the requisites within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.2410 of 2023 for non-compliance of the peremptory order dated 09.01.2024. It is next submitted that non- compliance of the said peremptory order dated 09.01.2024 before this court 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.2410 of 2023 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.2410 of 2023 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 petitioners, Cr.M.P. No.2410 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.2410 of 2023 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Saroj/