SURENDRA PRATAP JAYSWAL ALIAS SURENDRA PRATAP JAYASAVAL v. THE STATE OF JHARKHAND
Cr.M.P./3367/2024 · 2025-03-21
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27478 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27478 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3367 of 2024
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1. Surendra Pratap Jayswal @ Surendra Pratap Jayaswal, Aged 67 Years, Son of Late Munalal Jayaswal
2. Kiran Jayaswal Aged 61 years, Wife of Surendra Pratap Jayaswal
Both are R/O Village- Butbedhwa, P.O. + P.S.- Bidhamganj & District- Sonbhadra (U.P.)
… Petitioners
Versus
1. The State of Jharkhand
2. Anubhuti Jayswal, D/O Birendra Prasad; R/O Village Nagar Untari, P.O. + P.S.- Nagar Untari & District- Garhwa
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Gopal K. Sinha, Advocate For the State
: Mr. Naveen Kg. Ganjhu, Addl.P.P. For the O.P. No.2 : Ms. Khalida Haya Rashmi, Advocate
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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.1162 of 2024 to its original file which stood dismissed for non-compliance of the peremptory order dated 17.05.2024 passed by this Court.
It is submitted by the learned counsel for the petitioners that Cr.M.P. No.1162 of 2024 stood dismissed for non-compliance of the peremptory order dated 17.05.2024 passed by this Court to file the requisites of service of notice upon the opposite party No.2. It is next submitted that due to negligence on the part of the advocate’s clerk, the requisites for service of notice upon the opposite party No.2 could not be filed within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.1162 of 2024 for non-compliance of the said peremptory order dated 17.05.2024 passed by this Court. It is next submitted that non-
compliance of the said peremptory order dated 17.05.2024 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.1162 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.1162 of 2024 be restored to its original file.
Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 have not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.1162 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.1162 of 2024 before the concerned Bench after a week.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Animesh/