BIRENDRA KUMAR ALIAS BIRENDAR KUMAR v. THE STATE OF JHARKHAND
Cr.M.P./2126/2025 · 2025-08-29
Anil Kumar Choudhary
body2025
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[ 2025 DAILYLAW 22018 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 22018 (JHR) · dailylaw.ai ]
Judgment text
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[2025:JHHC:26198] IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.2126 of 2025
------ Birendra Kumar @ Birendar Kumar aged about 46 years, Son of Kishori Ram Mahto, Resident of Village – Badkipona, P.O. + P.S.- Rajrappa, District- Ramgarh (Jharkhand) … Petitioner
Versus The State of Jharkhand
… Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Ashok Kr. Singh, Advocate For the State
: Mr. Jitendra Kr. Pandey, 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 Cr.M.P. No.4502 of 2022 to its original file which stood dismissed for non-compliance of the peremptory order dated 10.07.2025 passed by this Court.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.4502 of 2022 stood dismissed for non-compliance of the peremptory order dated 10.07.2025 passed by this Court to file the proof of deposit of Rs.1,000/- by the petitioner with the Jharkhand State Legal Services Authority (JHALSA). It is next submitted that due to bonafide mistake, the said proof could not be filed within the stipulated time, hence, the said peremptory order could not be complied with within the stipulated time which resulted in dismissal of the said Cr.M.P. No.4502 of 2022 for non-compliance of the said peremptory order dated 10.07.2025 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 10.07.2025 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.4502 of 2022 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.4502 of 2022 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, Cr.M.P. No.4502 of 2022 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.4502 of 2022 before the concerned Bench after a week.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Animesh/