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2025 DAILYLAW 27962 (JHR)

RAJDEO MOCHI v. THE STATE OF JHARKHAND

Cr.M.P./3243/2024 · 2025-01-24

Sanjay Prasad

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3243 of 2024 --------- 1.Rajdeo Mochi, aged about 70 years, S/o Late Nagina Mochi @ Late Gani Mochi 2.Pyari Mochi, aged about 66 years, S/o Late Nagina Mochi @ Late Gani Mochi, both are R/o Village- Gawahi, P.O. & P.S.-Manatu, District-Palamau, Jharkhand ..… Petitioners Versus The State of Jharkhand ….. Opp. Party ---------- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD --------- For the Petitioners : Mr. Sheo Kumar Singh, Advocate For the State : Mr. P.K. Chatterjee, Spl.P.P. --------- 03/24.01.2025 This Criminal Miscellaneous Petition has been filed on behalf of the petitioners for restoration of Criminal Revision No. 638 of 2003, which was dismissed for default on 03.12.2018 by a Co-ordinate Bench (Justice Anant Bijay Singh, as then His Lordship was) of this Court. 2. Learned counsel for the petitioners has submitted that the Criminal Revision No. 638 of 2003 was listed after several years on 03.12.2018, however, the earlier conducting counsel was not present before the Co-ordinate Bench of this Court and as such the said Criminal Revision Application was dismissed for default on 03.12.2018 by the Co-ordinate Bench (Justice Anant Bijay Singh, as then His Lordship was) of this Court. It is submitted that the petitioners are in judicial custody since 06.09.2024 and 25.08.2024 and hence, the Criminal Revision No. 638 of 2003 may be restored. 3. On the other hand, learned counsel for the State has opposed the prayer of restoration. 4. It appears that both the petitioners were granted bail on 08.08.2023 by the Co-ordinate Bench (Justice Amareshwar Sahay, as then His Lordship was) of this Court in Criminal Revision No. 638 of 2003. Thereafter, the said case was again listed on 03.12.2018 when it was dismissed for non- prosecution by the Co-ordinate Bench (Justice Anant Bijay Singh, as then His Lordship was) of this Court. 5. Having heard learned counsel for both the sides and considering the fact that the petitioners are in judicial custody since 06.09.2024 and 25.08.2024 respectively and taking lenient view, this Criminal Revision No. 638 of 2003 is restored to its original file and this Cr.M.P. No. 3243 of 2024 is allowed and disposed of. 6. Let Criminal Revision No. 638 of 2003 be listed on 28th January, 2025 by the Office. (Sanjay Prasad, J.) s.m. -2-