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2025 DAILYLAW 26532 (JHR)

Bimal Kumar Agarwal Alias Vimal Kumar Agarwal v. The State Of Jharkhand And Anr

Cr.M.P./2909/2024 · 2025-03-07

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.2909 of 2024 ------ Bimal Kumar Agarwal @ Vimal Kumar Agarwal, aged about 63 years, S/o Late Mamraj Agarwal, resident of -Upper Rajbari Road, P.O. & P.S.: Jharia, Dist: Dhanbad, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Varun Ritolia, s/o Yugal Kishore Ritolia, Ratanjee Road, Purani Bazar, P.O. & P.S.:- Jharia, Dhanbad, Jharkhand-826001. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Mahesh Tewari, Advocate : Mr. Harsh Tiwari, Advocate For the State : Mr. Pankaj Kumar, P.P. ------ Order No:-04 Dated:-07-03-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.2573 of 2016 to its original file which stood dismissed for non-compliance of the order dated 22.08.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2573 of 2016 stood dismissed for non-compliance of the order dated 22.08.2024 for filing the receipt of payment of cost of Rs.1,000/- to the Jharkhand State Legal Services Authority (JHALSA) by the petitioner within two weeks. It is next submitted that due to miscommunication, the receipt could not be filed within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.2573 of 2016 for non-compliance of the order dated 22.08.2024. It is next submitted that non-compliance of the order dated 22.08.2024 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.2573 of 2016 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.2573 of 2016 be restored to its original file. Learned 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.2573 of 2016 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.2573 of 2016 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/