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2025 DAILYLAW 3544 (JHR)

SHAMBHU NATH SINHA v. THE STATE OF JHARKHAND

Cr.M.P./118/2025 · 2025-01-24

Pradeep Kumar Srivastava

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.118 of 2025 Shambhu Nath Sinha, Aged about 70 years, S/o Late Shankar Shekhar Sinha, R/o L.C, Road, Near Randhir Verma Chowk, Hirapur, P.O. & P.S. & Dist. Dhanbad, Jharkhand. … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Shekhar Prasad Sinha, Adv. For the State : Mr. Pankaj Kr. Mishra, Addl. P.P. Order No.02/Dated- 24.01.2025 Heard learned counsel for the parties. 2. This criminal miscellaneous petition has been filed with a prayer for restoration of Cr.M.P. No.387 of 2018 to its original file which was stood dismissed for non-prosecution by this Court vide order dated 08.01.2025. 3. It is submitted by the learned counsel for the petitioner that the matter was listed on 08.01.2025 before this Court and when the case was called out, as a matter of fact, learned counsel for the petitioner was on legs in Court No.11 and as soon as, advocate clerk had informed the learned counsel then after concluding the argument learned counsel for the petitioner rushed before this Court but the board was exhausted, due to which the case stood dismissed for non-prosecution. It is further submitted that the laches on part of the petitioner was neither deliberate nor intentional. Petitioner has very good grounds to agitate in the Cr.M.P. No.387 of 2018 and unless Cr.M.P. No.387 of 2018 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Cr.M.P. No.387 of 2018 may be restored to its original file. 4. Learned Addl. P.P appearing for the State has not raised any serious objection. 5. Considering the aforesaid submission of the learned counsel for the petitioner and for the ends of justice, Cr.M.P. No.387 of 2018 is restored to its original file. 6. Registry is directed to list Cr.M.P. No.387 of 2018 before the concerned Bench. 7. This criminal miscellaneous petition is disposed of accordingly. (Pradeep Kumar Srivastava, J.) Sachin