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2025 DAILYLAW 22141 (JHR)

BHAGWATI PRASAD SAH v. THE STATE OF JHARKHAND

Cr.M.P./2692/2024 · 2025-03-28

Anil Kumar Choudhary

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2692 of 2024 ------ Bhagwati Prasad Sah @ Bhagwati Prasad Saha, S/o Hari Narayan Sah, Aged about 77 years, R/o-Kotal Pukur, P.O. & P.S.-Kotalpokhar, District- Sahibganj. … Petitioner Versus 1. The State of Jharkhand 2. Ved Prakash, S/o Late Ramayan Ram, R/o Block Cooperative Office, Gola, P.O. & P.S.-Gola, District-Ramgarh. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sidhartha Roy, Advocate For the State : Mrs. Nehala Sharmin, Spl.P.P. ------ Order No:-04 Dated:-28-03-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3434 of 2022 to its original file; which stood dismissed for non-compliance of peremptory order dated 16.01.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3434 of 2022 stood dismissed for non-compliance of peremptory order dated 16.01.2024 for removing the defects pointed out by the stamp reporter within six weeks. It is next submitted that the petitioner could not arrange the documents and due to which the defect no.6 could not be cured within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.3434 of 2022 for non-compliance of peremptory order dated 16.01.2024. It is next submitted that non-compliance of peremptory order dated 16.01.2024 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.3434 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.3434 of 2022 be restored to its original file. Learned counsel 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.3434 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.3434 of 2022 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/