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2025 DAILYLAW 30780 (JHR)

RABINDRA CHARAN DWARY v. THE STATE OF JHARKHAND

Cr.M.P./383/2025 · 2025-06-13

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:15519 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.383 of 2025 ------ Rabindra Charan Dwary @ Ramcharan Dwary S/o late Shiwani Charan Dwary aged about 44 years, Resident of Laxmipur Chowk, Water Tank, P.O.-B. Deoghar, P.S. Deoghar Town, Dist-Deoghar. … Petitioner Versus 1. The State of Jharkhand 2. Kiran Mishra W/o Rabindra Charan Dwary, D/o Shib Shankar Mishra, aged about 37 years, resident of Laxmipur Chowk, presently residing at Shiv Ganga Lane, P.O.-B.Deoghar, P.S.-Deoghar (T), District-Deoghar. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Lakhan Chandra Roy, Advocate For the State : Mrs. Vandana Bharti, Addl.P.P. ------ Order No:-03 Dated:-13-06-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3193 of 2023 to its original file; which stood dismissed for non-compliance of peremptory order dated 15.10.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3193 of 2023 stood dismissed for non-compliance vide order dated 15.10.2024 for filing the requisites for service of notice upon the opposite party no.2 peremptorily within two weeks. It is next submitted that due to miscalculation of time, the advocate’s clerk could not file the said requisites within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.3193 of 2023 for non-compliance vide order dated 15.10.2024. It is next submitted that non-compliance of the said order dated 15.10.2024 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.3193 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.3193 of 2023 be restored to its original file. Learned Addl.P.P. 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.3193 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.3193 of 2023 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/