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2025 DAILYLAW 37338 (JHR)

DIWAKAR RAY v. THE STATE OF JHARKHAND

Cr.M.P./2349/2025 · 2025-12-19

Anil Kumar Choudhary

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Judgment text

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[2025:JHHC:38198] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2349 of 2025 ------ 1. Diwakar Ray, aged about 49 years, Son of Dwarika Ray, resident of At & P.O. Manjura, P.S. Kasmar, District Bokaro, Jharkhand 2. Minu Sinha, aged about 61 years, wife of Suresh Prasad Singh, resident of Qtr. No.684, A- Road, Sector- 9/A, B. S. City, P.O. and P.S. Bokaro Steel City, District Bokaro, Jharkhand 3. Lalan Kumar, aged about 55 years, Son of Late K. N. Singh, resident of Qtr. No.62, Sector- 3/B, Bokaro Steel City, P.O. and P.S. Bokaro Steel City, District Bokaro, Jharkhand 4. Rajesh Kumar Singh, aged about 54 years, of Late K. N. Singh, resident of Qtr. No.62, Sector- 3/B, Bokaro Steel City, P.O. and P.S. Bokaro Steel City, District Bokaro, Jharkhand 5. Dev Dulal Majhi, aged about 52 years, son of Late Ramlochan Manjhi, resident of At Dhanbad, Debagram, P.O. Malkera, P.S. District Dhanbad, Jharkhand 6. Damodar Prfasad Singh @ Damodar Prasad Singh, aged about 72 years, son of Late Radha Prasad Singh, resident of Vastu Vihar, Phase-4, Road No.5, Plot No.13/14, P.O. and P.S. Chas, District Bokaro, Jharkhand. 7. Arvind Kumar, aged about 42 years, Late Baua Lal of son of Neelkanth Jha, resident Apartment, Block-C, Flat No. 503, Chira Chas, P.O. and P.S. Chas, District Bokaro, Jharkhand 8. K. K. Mishra @ Krishna Kumar Mishra, aged about 75 years, son of Late Prabodh Mishra, present resident of Vastu Vihar, Phase-2, Road No.-1, House No.JW-1, Chira Chas, P.O. and P.S. Chas, District Bokaro, Jharkhand. Earlier resident of Sector-4F/7097, Bokaro Steel City, P.O. and P.S. Bokaro Steel City, District Bokaro, Jharkhand … Petitioners Versus 1. The State of Jharkhand 2. Ranjeet Kumar Mishra, son of Khurkhur Mishra, resident of 305, Karpura Pratima Palace, Gandhi Path, Neharu Nagar, Patliputra, P.O. and P.S. Patliputra, District Patna, Bihar. Reg. Office Vill Pahi, P.O. Sarisaw, P.S. Pandaul, District Madhubani, Bihar … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Mayank Deep, Advocate For the State : Mr. Subodh Kr. Dubey, Addl. P.P. For the O.P. No.2 : None ------ Order No:-03 Dated:-19-12-2025 Heard the parties. Though notice has been issued to the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls. This criminal miscellaneous petition has been filed by the petitioners with the prayer for restoration of Cr.M.P. No.941 of 2025 to its original file which stood dismissed for non-compliance of the peremptory order dated 21.07.2025 passed by this Court. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.941 of 2025 stood dismissed for non-compliance of the peremptory order dated 21.07.2025 passed by this Court to file the requisites of services upon the opposite party No.2. It is next submitted that due to Bonafide mistake on the part of the advocate’s clerk, the requisites of services upon the opposite party No.2 could not be filed within the stipulated time which resulted in dismissal of the said Cr.M.P. No.941 of 2025 for non-compliance of the said peremptory order dated 21.07.2025 passed by this Court. It is next submitted that non- compliance of the said peremptory order dated 21.07.2025 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.941 of 2025 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.941 of 2025 be restored to its original file. Learned counsel appearing for the State has not raised any serious objection. Considering the facts of the case and the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.941 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 Cr.M.P. No.941 of 2025 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 19.12.2025-Animesh/