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2025 DAILYLAW 27299 (JHR)

BINOD KUMAR JHA v. THE STATE OF JHARKHAND

Cr.M.P./113/2025 · 2025-03-21

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.113 of 2025 ------ 1. Binod Kumar Jha, Aged about 70 years, Son of Shubhkant Jha, Resident of Qr. No. XN-30, Cross Road No.19, P.O.- Agrico, P.S.- Sidhgora, Town Jamshedpur, District- East Singhbhum. 2. Suresh Jha, Aged about 54 years, Son of B.K. Jha Resident of Near Tata Indicom Town, Yashoda Nagar, P.O.- Tata Nagar, P.S.- Parsudih, Town Jamshedpur, District- East Sighbhum. 3. Goutam Biswas, Aged about 33 years, Son of Lakhan Biswas, Resident of Chhota Govindipur, P.O. & P.S.- Govindpur, Town Jamshedpur, District- East Singhbhum … Petitioners Versus 1. The State of Jharkhand 2. Rakesh Kumar, Son of Late Awadh Prasad, Resident of Qr. No. 178/2/4, G.H. Colony, Chhota Govindpur, P.O. & P.S.- Chhota Govindpur, Town Jamshedpur, District- East Sighbhum … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Sachin Mahato, Advocate For the State : Mr. Vineet Kr. Vashistha, Spl.P.P. ------ Order No:-03 Dated:-21-03-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.1266 of 2024 to its original file which stood dismissed for non-compliance of the peremptory order dated 09.08.2024 passed by this Court. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.1266 of 2024 stood dismissed for non-compliance of the peremptory order dated 09.08.2024 passed by this Court to file the requisites of service of notice upon the opposite party No.2. It is next submitted that as the advocate’s clerk became seriously ill, hence, the requisites for service of notice upon the opposite party No.2 could not be filed with the stipulated time, which resulted in dismissal of the said Cr.M.P. No.1266 of 2024 for non-compliance of the said peremptory order dated 09.08.2024 passed by this Court. It is next submitted that non- compliance of the said peremptory order dated 09.08.2024 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.1266 of 2024 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.1266 of 2024 be restored to its original file. Learned Spl.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.1266 of 2024 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.1266 of 2024 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/