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2025 DAILYLAW 29385 (JHR)

KUMAR OM PRAKASH v. THE STATE OF JHARKHAND

Cr.M.P./168/2025 · 2025-03-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.168 of 2025 ------ Kumar Om Prakash, S/o Late Bittu Sao, aged about 50 years, R/o Qtr. No.B3, near Delhi Public School, SAIL, Satelite Township, Post: Dhurwa, P.S. Jagarnathpur, Dist Ranchi. … Petitioner Versus 1. The State of Jharkhand 2. Smt. Urmila Devi W/o Sri Rawat Lal Rana, by faith Hindu, R/o Panchayat-Jarmune, Purvi, block-Batgodar, Village Manjhiladih, P.O. Bagodar, P.S. Bagodar, Dist Giridih. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pradeep Kr. Nayak, Advocate For the State : Mr. Manoj Kr. Mishra, Addl.P.P. ------ Order No:-03 Dated:-28-03-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.1300 of 2023 to its original file which stood dismissed for non-compliance of peremptory order dated 08.04.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.1300 of 2023 stood dismissed for non-compliance of peremptory order dated 08.04.2024 for removing the defects pointed out by the stamp reporter peremptorily within six weeks. It is next submitted that learned counsel for the petitioner could not hear the said order properly, because of which the learned counsel for the petitioner could not remove the defects within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.1300 of 2023 for non-compliance of peremptory order dated 08.04.2024. It is next submitted that non-compliance of peremptory order dated 08.04.2024 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.1300 of 2023 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.1300 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 petitioner, Cr.M.P. No.1300 of 2023 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.1300 of 2023 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/