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2025 DAILYLAW 34465 (JHR)

KALYANI MAHATO v. THE STATE OF JHARKHAND

Cr.M.P./2450/2024 · 2025-05-02

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:13315] IN THE HIGH COURT OF JHARKHAND AT RANCHI CrMP No. 2450 of 2024 1. Kalyani Mahato, Aged about 38 years, W/o Sri Bishnu Pada Mahto, R/o House No. 23A, Near Side Village Road, Plot No. 213, Kashiya, P.O. & P.S. Barakhursi, District- East Singhbhum-832304 2. Bishnu Pada Mahato, Aged about 53 years, S/o N.C. Mahato, R/o House No. 23A, Near Side Village Road, Plot No. 213, Kashiya, P.O. & P.S. Barakhursi, District- East Singhbhum-832304 … Petitioners Versus 1. The State of Jharkhand 2. Khalana Sundari, Mahant, W/o Jakhami Shekhar Mahto, R/o Village Roam, Kulgora, P.O. Rakha Kapar, P.S. Jadugora, Jamshedpur, District-East Singhbhum, presently At R/o Mandua, P.O.- Rasmatala, P.S.- Karanjia, Dist.- Mayurbhanj, State- Odisa- 757037 … opp. parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. Vikash Kumar, Adv. For the State : Mr. Bhola Nath Ojha, Addl. PP 03 / 02.05.2025 Heard the parties. Perusal of the record reveals that the notice issued upon the opp. party no. 2 has been validly served. Hence, the service of notice upon the opp. party no. 2 is sufficient. This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of CrMP No. 2686 of 2022 to its original file. Learned counsel for the petitioner submits that the CrMP No. 2686 of 2022 was dismissed vide order dated 06.03.2024 for non-compliance of the order of filing requisites for service of notice upon the opp. party no. 2. Learned counsel for the petitioners submits that due to miscommunication, the requisites for service of notice upon the opp. party no. 2 could not be filed in time, which resulted in dismissal of CrMP No. 2686 of 2022. It is further submitted that the petitioner has very good grounds to agitate in this case and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that CrMP No. 2686 of 2022 be restored to its original file. Learned Spl. P.P. has no serious objection to the prayer of restoration. Considering the aforesaid submission of the learned counsel for the petitioner, CrMP No. 2686 of 2022 is restored to its original file to the stage, at which, it was before its dismissal. List CrMP No. 2686 of 2022 after a week. This criminal miscellaneous petition is disposed of accordingly. (ANIL KUMAR CHOUDHARY, J.) Smita/-