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2025 DAILYLAW 30897 (JHR)

SHAKIL HAIDER v. THE STATE OF JHARKHAND

Cr.M.P./3896/2023 · 2025-08-22

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:24940] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3896 of 2023 ------ Shakil Haider, aged about 42 years, son of Syed Shami Haider, resident of Millat Colony, Pagnil, near God Grace School, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag. Presently residing at Ericsson India, Mallick Basti, Ranibandh, Dhaiya, P.O. Dhaiya, P.S. Dhanbad, District Dhanbad, Jharkhand … Petitioner Versus 1. The State of Jharkhand 2. Ruhi Parween, wife of Shakil Haider, resident of Millat Colony, Padmil, near God Grace School, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag. Presently residing at Flat No.101, Mamta Krishna Apartment, Manoram Nagar, Luby Circular Road, P.O. and P.S. Dhanbad, District Dhanbad, Jharkhand … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Md. Zaid Ahmed, Advocate For the State : Mr. Sanjay Kr. Srivastava, Addl.P.P. ------ Order No:-05 Dated:-22-08-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of A.B.A. No.9440 of 2019 to its original file which stood dismissed for non-compliance of the peremptory order dated 03.02.2020 passed by this Court. It is submitted by the learned counsel for the petitioner that A.B.A. No.9440 of 2019 stood dismissed for non-compliance of the peremptory order dated 03.02.2020 passed by this Court to file requisites for service of notice upon the opposite party No.2. It is next submitted that due to mistake, the requisites could not be filed within the stipulated time, hence, the said peremptory order could not be complied with within the stipulated time which resulted in dismissal of the said A.B.A. No.9440 of 2019 for non-compliance of the said peremptory order dated 03.02.2020 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 03.02.2020 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said A.B.A. No.9440 of 2019 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the A.B.A. No.9440 of 2019 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, A.B.A. No.9440 of 2019 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 A.B.A. No.9440 of 2019 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/