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2025 DAILYLAW 38336 (JHR)

RIZWAN ALIAS M RIZWAN v. THE STATE OF JHARKHAND

Cr.M.P./3162/2024 · 2025-10-31

Anil Kumar Choudhary

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Judgment text

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[2025:JHHC:32782] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3162 of 2024 ------ Rizwan @ M. Rizwan, Aged about 49 years, Son of Late Md. Safi, Resident of Musabani, P.O. & P.S.- Musabani, District- East Singhbhum, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Sidheshwar Paswan, Son of Not Known to the petitioner, Block Supply Officer, Musabani, P.O. & P.S.- Musabani, District- East Singhbhum, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Md. Shahid Khan, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. For the OP No.2 : Mr. Sanjay Prasad, Advocate ------ Order No:-05 Dated:-31-10-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.2361 of 2020 to its original file which stood dismissed for non-prosecution vide order dated 22.10.2024. Learned counsel for the petitioner submits that Cr.M.P. No.2361 of 2020 stood dismissed for non-prosecution vide order dated 22.10.2024. It is next submitted that when Cr.M.P. No.2361 of 2020 was called upon before this Court, no one turned up on behalf of the petitioner as the learned counsel for the petitioner was suffering from illness and was not well; which resulted in dismissal of the said Cr.M.P. No.2361 of 2020 for non-prosecution vide order dated 22.10.2024. It is further submitted that non-appearance of the learned counsel for the petitioner before this Court was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.2361 of 2020 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.2361 of 2020 be restored to its original file. Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 have not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.2361 of 2020 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.2361 of 2020 before the appropriate Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:-31.10.2025 Saroj/