Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:22734 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.716 of 2025
------ Rahul Kumar Srivastava, aged about 38 years, son of Uday Kumar Srivastava, residents of village-P.O.-Nazirpur, P.S.-Sheikhpur, Mohanpur, District-Muzzaffarpur, Bihar.
… Petitioner
Versus The State of Jharkhand & Another … Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Rahul Anand, Advocate For the State
: Mr. Abhay Kr. Tiwari, Addl.P.P.
------
Order No:-03 Dated:-08-08-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3517 of 2022 to its original file which stood dismissed for non-compliance of peremptory
order dated 30.10.2023.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3517 of 2022 stood dismissed for non-compliance of peremptory order dated 30.10.2023 for removing the defects pointed out by the stamp reporter peremptorily within two weeks. It is next submitted that as the counsel for the petitioner wrongly heard to remove the defects within three weeks and the same was accordingly noted in the brief of the petitioner, hence, the same could not be removed within the stipulated time i.e., two weeks; which resulted in dismissal of the said Cr.M.P. No.3517 of 2022 for non-compliance of peremptory order dated 30.10.2023. It is next submitted that non- compliance of peremptory order dated 30.10.2023 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.3517 of 2022 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.3517 of 2022 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 petitioner and the facts of this case, Cr.M.P. No.3517 of 2022 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.3517 of 2022 before the concerned Bench after two weeks.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/