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2025 DAILYLAW 23741 (JHR)

AMRIT SAW v. STATE OF JHARKHAND

Cr.M.P./2883/2024 · 2025-06-13

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:15494] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2883 of 2024 ------ 1. Amrit Saw, S/o Late Hiru Saw Aged about 59 years; 2. Dinesh Kumar, S/o Amrit Saw, aged about 33 years; 3. Gangiya Devi, W/o Tulsi Mahato, aged about 61 years, All R/o Purnadih Rajabhita, P.O. Keska, P.S. Tundi, District Dhanbad … Petitioners Versus 1. The State of Jharkhand 2. Sudan Mahato, S/o Late Sahadeo Mahato, R/o Village Rajabhita, Purnadih, P.O. Keska, P.S. Tundi, District Dhanabad. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Md. Faiyaj Alam, Advocate For the State : Ms. Ruby Pandey, Addl.P.P. ------ Order No:-03 Dated:-13-06-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.4206 of 2022 to its original file which stood dismissed for non-compliance of the peremptory order dated 29.01.2024 passed by this Court. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.4206 of 2022 stood dismissed for non-compliance of the peremptory order dated 29.01.2024 passed by this Court to remove the defects pointed out by the stamp reporter. It is next submitted that because of Bonafide mistake on the part of the counsel for the petitioners, the said defects could not be removed withing the stipulated time which resulted in dismissal of the said Cr.M.P. No.4206 of 2022 for non- compliance of the said peremptory order dated 29.01.2024 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 29.01.2024 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.4206 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.4206 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 petitioners, Cr.M.P. No.4206 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.4206 of 2022 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/