SAYEEDA KHATOON ALIAS SHAHIDA KHATOON v. THE STATE OF JHARKHAND
Cr.M.P./2376/2025 · 2025-08-29
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22091 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22091 (JHR) · dailylaw.ai ]
Judgment text
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[2025:JHHC:26176] IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.2376 of 2025
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1. Sayeeda Khatoon @ Shahida Khatoon, aged about 34 years, Wife of Md. Shahjad Alam,
2. Shahjad Jafar Quraishi @ Md. Shazad Quraishi, aged about 38 years, Son of Md. Vismil Jainuddin, Both Resident of Qurasi Mohalla, Near Masjid, P.O. & P.S.- Giridih, Dist.- Giridih (Jharkhand)
3. Husan Bano @ Bano Khatoon, aged about 51 years, Wife of Nijamuddin,
4. Nijamuddin @ Md. Nazamuddin, aged about 57 years, Son of Md. Ashik, Both are resident of Sardar Chowk, Near Masjid, P.O.- Hazaribag, P.S.- Sadar, Dist.- Hazaribag.
… Petitioners
Versus
1. The State of Jharkhand
2. Nuzhat Iqbal, Wife of Khalid Athar, Resident of Wasseypur, Karimganj, Bankmore, P.O. & P.S.- Dhanbad, Dist.- Dhanbad.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Kamdeo Pandey, Advocate For the State
: Md. Fahad Allam, Addl.P.P. For the OP No.2 : Mr. Rajiv Lochan, Advocate
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Order No:-02 Dated:-29-08-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.3925 of 2022 to its original file which stood dismissed for non-prosecution vide order dated 18.07.2025.
Learned counsel for the petitioners submits that Cr.M.P. No.3925 of 2022 stood dismissed for non-prosecution vide order dated 18.07.2025. It is submitted that Cr.M.P. No.3925 of 2022 was listed before this Bench on 18.07.2025 but no one turned up on behalf of the petitioners in spite of repeated calls. It is next submitted that as the learned counsel for the petitioners could not mark the list, hence, the learned counsel for the petitioners could not turn up before this Court when Cr.M.P. No.3925 of 2022 was called; which resulted
in dismissal of the said Cr.M.P. No.3925 of 2022 for non-prosecution. It is further submitted that non-appearance of the learned counsel of the petitioners 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.3925 of 2022 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.3925 of 2022 be restored to its original file.
Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 have not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.3925 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.3925 of 2022 before the appropriate Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Saroj/