Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:22732 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.218 of 2025
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1. Poonam Aheriya, aged about 34 years, D/o Ram Swaroop Aheriya, R/o Near Nanak Piao Gurudwara, Priyadarshani Vihar Part-I, Model Town-II, P.O. & P.S.-Model Town, District East Delhi, Delhi-110009.
2. Ramswroop Aheria, aged about 62 years, S/o-Late Diwan Singh Aheriya, R/o Near Nanak Piao Gurudwara, Priyadarshani Vihar Part-I, Model Town-II, P.O. & P.S.-Model Town, District East Delhi, Delhi-110009.
3. Kiran Lata Aheriya @ Kiran Lata Aheria, aged about 58 years, W/o Sh. Ram Swaroop Aheriya, R/o Near Nanak Piao Gurudwara, Priyadarshani Vihar Part-I, Model Town-II, P.O. & P.S.-Model Town, District East Delhi, Delhi-110009.
4. Amardeep Aheriya @ Amardeep Aheria, aged about 29 years, S/o Sh. Ram Swaroop Aheriya, R/o Near Nanak Piao Gurudwara, Priyadarshani Vihar Part-I, Model Town-II, P.O. & P.S.-Model Town, District East Delhi, Delhi-110009.
… Petitioners
Versus
1. The State of Jharkhand
2. Uttam Kumar Singh, aged about 35 years, S/o Sh. Indradeo Singh, R/o Near Kali Mandir, Chanakya Nagar, Railway Colony, P.O. & P.S.-Chutia, District-Ranchi, Jharkhand.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Ms. Aprajita Mishra, Advocate For the State
: Mr. Bhola Nath Ojha, Spl.P.P.
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Order No:-04 Dated:-08-08-2025
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.1593 of 2024 to its original file which stood dismissed for non-prosecution on 02.08.2024.
It is submitted by the learned counsel for the petitioners that Cr.M.P. No.1593 of 2024 stood dismissed for non-prosecution on 02.08.2024 by this Court. It is next submitted that on the said date due to ill health of the learned counsel for the petitioners, as she was suffering from high fever, the learned counsel for the petitioners could not appear
before this Court when the said Cr.M.P. No.1593 of 2024 was called out resulting in dismissal of the said Cr.M.P. No.1593 of 2024 for non- prosecution. It is next submitted that non-prosecution before this Court on 02.08.2024 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.1593 of 2024 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.1593 of 2024 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.1593 of 2024 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.1593 of 2024 before the concerned Bench after two weeks.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/