Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:24976 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.632 of 2025
------ Shyam Bihari Manjhi, aged about 59 years, S/o Chandradeo Manjhi, at present Resident of Village-Dulhi, P.O. and P.S.-Patan, District- Palamau at Daltonganj, Jharkhand. Posted at Special Branch at Daltonganj, P.O. & P.S. Daltonganj, District-Patan at Daltonganj.
… Petitioner
Versus
1. The State of Jharkhand
2. Dayanand Baraik, aged about 27 years, S/o Rameshwar Baraik, Resident of Village-Daraha Sham Toli, P.O. and P.S.-Sisai, District-Gumla.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Pradeep Kumar, Advocate For the State
: Mr. Vishwanath Roy, Spl.P.P.
------
Order No:-03 Dated:-22-08-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.2981 of 2023 to its original file which stood dismissed for non-prosecution vide order dated 21.11.2024.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2981 of 2023 stood dismissed for non-prosecution vide
order dated 21.11.2024. It is next submitted that Cr.M.P. No.2981 of 2023 was listed before this Bench on 21.11.2024 and the learned counsel for the petitioner had gone out of station in connection with some urgent work, hence, the learned counsel for the petitioner could not turn up when Cr.M.P. No.2981 of 2023 was called out; which resulted in dismissal of the said Cr.M.P. No.2981 of 2023 for non-prosecution vide order dated 21.11.2024. It is next submitted that non-prosecution before this court on 21.11.2024 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.2981 of 2023 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.2981 of 2023 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.2981 of 2023 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.2981 of 2023 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/