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2025 DAILYLAW 33115 (JHR)

PARTHA PATIM SHAW v. THE STATE OF JHARKHAND

Cr.M.P./2322/2025 · 2025-12-05

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:36959 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2322 of 2025 ------ Partha Patim Shaw, aged about 49 years, son of Late Manoranjan Shaw, resident of Adhaarsila Niwas, 11 Number, Champa Road, Pramtha Nagar, P.S.-Parsudih, P.O.-Tata Nagar, Jamshedpur, Dist.- East Singhbhum. … Petitioner Versus 1. The State of Jharkhand 2. Sabyasachi Sahu, S/o Late Manoranjan Shaw, R/o Tube Colony, Karandih, P.O. + P.S.-Parsudih, Jamshedpur, Dist.-East Singhbhum. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rahul Dev, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl.P.P. ------ 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.1149 of 2023 to its original file which stood dismissed for non-compliance of peremptory order dated 28.04.2025. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.1149 of 2023 stood dismissed for non-compliance of peremptory order dated 28.04.2025 for depositing the payment of Rs.1,000/- peremptorily within four weeks. It is next submitted that due to mistake on the part of advocate’s clerk, the learned counsel for the petitioner could not deposit the said payment within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.1149 of 2023 for non-compliance of peremptory order dated 28.04.2025. It is next submitted that non-compliance of peremptory order dated 28.04.2025 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.1149 of 2023 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.1149 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 petitioners and the facts of this case, Cr.M.P. No.1149 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.1149 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/