Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3488 of 2024
------ Kishor Sharma, son of Narayan Rana @ Narayan Sharma, aged about-38 years, Resident of village-Buchitand, Ward No.01, P.O.-Bagro, P.S.- Koderma, District-Koderma.
… Petitioner
Versus The State of Jharkhand
… Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Ms. Kumari Ranjna Singh, Advocate For the State
: Ms. Amrita Kumari, Addl.P.P.
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Order No:-02 Dated:-31-01-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.461 of 2024 to its original file which stood dismissed for non-prosecution vide order dated 17.12.2024.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No. 461 of 2024 stood dismissed for non-prosecution vide order dated
17.12.2024. It is next submitted that Cr.M.P. No. 461 of 2024 was listed before this Bench on 17.12.2024 and the learned counsel for the petitioner met with an accident on 12.12.2024 and the doctor who treated him advised him for complete bed rest, hence, the learned counsel for the petitioner could not turn up when Cr.M.P. No. 461 of 2024 was called out; which resulted in dismissal of the said Cr.M.P. No. 461 of 2024 for non-prosecution vide order dated 17.12.2024. It is next submitted that non-prosecution before this court on 17.12.2024 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. 461 of 2024 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. 461 of 2024 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. 461 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. 461 of 2024 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/