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2025 DAILYLAW 2840 (JHR)

CHHOTU PANDEY v. THE STATE OF JHARKHAND

Cr.M.P./633/2025 · 2025-08-22

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:24978 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.633 of 2025 ------ 1. Chhotu Pandey, S/o Shiv Prasad Pandey, aged about 63 years. 2. Raj Kishor Pandey @ Sujit Kumar Pandey @ Sujeet Kumar Pandey, aged about 22 years, S/o Chhotu Pandey @ Chhotan Pandey, Both are Resident of Village-Dhankura Jograd, P.O.- Kumardhubhi, P.S.-Chirkunda, District-Dhanbad. … Petitioners Versus 1. The State of Jharkhand 2. Anjana Devi W/o Ashok Pandey, R/o Dhankura Jograd, P.O.- Kumardhubhi, P.S.-Chirkunda, District-Dhanbad. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ravi Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl.P.P. ------ Order No:-03 Dated:-22-08-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.1504 of 2023 to its original file; which stood dismissed for non-compliance of peremptory order dated 28.02.2024. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.1504 of 2023 stood dismissed for non-compliance of the order dated 28.02.2024 for filing requisites for service of notice upon the opposite party no.2 peremptorily within three weeks. It is next submitted that due to inadvertent mistake on the part of advocate’s clerk, the petitioners could not file the said requisites within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.1504 of 2023 for non- compliance vide order dated 28.02.2024. It is next submitted that non- compliance of the said order dated 28.02.2024 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.1504 of 2023 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.1504 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 petitioners, Cr.M.P. No.1504 of 2023 is directed to be restored to its original file to the same stage, at which it was before its dismissal. Registry is directed to list Cr.M.P. No.1504 of 2023 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/