Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:36954 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1722 of 2025
------ Sabina Bibi, aged about 30 years, wife of Barjahan Shekh, resident of H. No.137, Jhiktia, Village-Jhiktia, P.O. & P.S.-Barharwa, Dist.- Sahibganj.
… Petitioner
Versus
1. The State of Jharkhand
2. Barjahan Sk. @ Barjahan Shekh, son of Borak Ali, resident of Village-Professor Colony, Village-Jhiktia, P.O. & P.S.-Barharwa, Dist.-Sahibganj.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Md. Asadul Haque, Advocate For the State
: Mr. Pankaj Kumar, P.P. For the OP 2
: Mr. Gautam Kr. Singh, Advocate
------
Order No:-03 Dated:-05-12-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.4129 of 2023 to its original file which stood dismissed for non-compliance of peremptory order dated 13.12.2024.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.4129 of 2023 stood dismissed for non-compliance of peremptory order dated 13.12.2024 for removing the defects pointed out by the stamp reporter within four weeks. It is next submitted due to inadvertence on the part of Advocate’s Clerk, the petitioner could not remove the defects within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.4129 of 2023 for non-compliance of peremptory order dated 13.12.2024. It is next submitted that non- compliance of peremptory order dated 13.12.2024 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.4129 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.4129 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 and the facts of this case, Cr.M.P. No.4129 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.4129 of 2023 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) 05/12/2025 Abhiraj/