Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 22013 (JHR)

MUNSHI PAHARIYA ALIAS MUNSHI PAHADIYA v. THE STATE OF JHARKHAND

Cr.M.P./2058/2025 · 2025-08-29

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:26200] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2058 of 2025 ------ Munshi Pahariya @ Munshi Pahadiya, aged about 45 years, s/o Late Chaka Maisa Pahariya, R/o Kushtand, P.O. and P.S. Borio, District Sahibganj (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Saman Ahmad, Advocate For the State : Mr. Suraj Deo Munda, Addl.P.P. ------ Order No:-02 Dated:-29-08-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of B.A. No.3689 of 2025 to its original file which stood dismissed for non-compliance of the peremptory order dated 08.05.2025 passed by this Court. It is submitted by the learned counsel for the petitioner that B.A. No.3689 of 2025 stood dismissed for non-compliance of the peremptory order dated 08.05.2025 passed by this Court to file a supplementary affidavit annexing therewith the certified copy of the deposition of the witnesses examined in the case. It is next submitted that as the said peremptory order could not be complied with, within the stipulated time, hence, the same resulted in dismissal of the said B.A. No.3689 of 2025 for non-compliance of the said peremptory order dated 08.05.2025 passed by this Court. It is next submitted that non- compliance of the said peremptory order dated 08.05.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said B.A. No.3689 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.3689 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.3689 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.3689 of 2025 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/