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2025 DAILYLAW 32965 (JHR)

VIVEK KUMAR ALIAS VIVEK KUMAR CHANDRAVANSHI v. THE STATE OF JHARKHAND

Cr.M.P./2358/2025 · 2025-12-05

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:36960 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2358 of 2025 ------ Vivek Kumar @ Vivek Kumar Chandravanshi, aged about 25 years, S/o Late Sunil Ram, R/o At-Jail Hata Mohalla, PO & PS-Daltonganj, District-Palamau, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sheo Kr. Singh, Advocate For the State : Mr. Suraj Deo Munda, Addl.P.P. ------ Order No:-03 Dated:-05-12-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of B.A. No.3562 of 2025 to its original file which stood dismissed for non-compliance of peremptory order dated 02.05.2025. It is submitted by the learned counsel for the petitioner that B.A. No.3562 of 2025 stood dismissed for non-compliance of peremptory order dated 02.05.2025 for filing the supplementary affidavit within two weeks. It is next submitted that as no pairvikar was present in High Court of Jharkhand, the petitioner could not file the said supplementary affidavit within the stipulated time; which resulted in dismissal of the said B.A. No.3562 of 2025 for non-compliance of peremptory order dated 02.05.2025. It is next submitted that non- compliance of peremptory order dated 02.05.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said B.A. No.3562 of 2025 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the B.A. No.3562 of 2025 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, B.A. No.3562 of 2025 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 B.A. No.3562 of 2025 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 05/12/2025 Abhiraj/