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2025 DAILYLAW 27972 (JHR)

DINESH PRASAD YADAV v. THE STATE OF JHARKHAND

Cr.M.P./43/2025 · 2025-01-24

Pradeep Kumar Srivastava

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.43 of 2025 1. Dinesh Prasad Yadav, Aged about 38 years, Son of Jageshwar Yadav, 2. Jitendra Yadav, Aged about 46 years, Son of Jageshwar Yadav All resident of Village Kolhariya, P.O. & P.S. Mohanpur, District Deoghar … Petitioners Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Ankit Kumar, Adv. For the State : Mr. Manoj Kr. Mishra, Addl. P.P. Order No.05/Dated- 24.01.2025 Heard learned counsel for the parties. 2. Learned counsel for the petitioners has submitted supplementary affidavit in compliance of order dated 10.01.2025 could not be filed in the Registry but the same is being filed in the Court which may be accepted. 3. Considering the above submission, the same is taken on record. 4. This criminal miscellaneous petition has been filed with a prayer for restoration of A.B.A. No.10670 of 2023 to its original file which was stood dismissed for non-prosecution by this Court vide order dated 30.04.2024. 5. It is submitted by the learned counsel for the petitioners that the matter was listed on 30.04.2024 before this Court but due to inadvertence this case has not been marked, therefore, he could not appear before the Hon’ble Court and the case was dismissed for non- prosecution. It is further submitted that the laches on part of the petitioners was neither deliberate nor intentional. Petitioners have very good grounds to agitate in the A.B.A. No.10670 of 2023 and unless A.B.A. No.10670 of 2023 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that A.B.A. No.10670 of 2023 may be restored to its original file. 6. Learned Addl. P.P appearing for the State has not raised any serious objection. 7. Considering the aforesaid submission of the learned counsel for the petitioners and for the ends of justice, A.B.A. No.10670 of 2023 is restored to its original file. 8. Registry is directed to list A.B.A. No.10670 of 2023 before the concerned Bench. 9. This criminal miscellaneous petition is disposed of accordingly. (Pradeep Kumar Srivastava, J.) Sachin