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2025 DAILYLAW 38352 (JHR)

SIMA DEVI ALIAS GURIYA DEVI v. THE STATE OF JHARKHAND

Cr.M.P./1995/2025 · 2025-12-19

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:38201] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1995 of 2025 ------ Sima Devi @ Guriya Devi, aged about 35 years, wife of Late Sikandar Sah, Resident of BIT near Check Post, Rohrabandh, P.O. and P.S. – Sindri, District – Dhanbad, State Jharkhand … Petitioner Versus 1. The State of Jharkhand 2. Arati Sah, wife of Ajay Sah @ Nand Kishore Sah, daughter of Lalan Saw, resident of Damgarh, Near Shiv Mandir, CT-158, FCI, Quarter, P.O. Sindri, P.S. Sindri, District Dhanbad, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ajay Kr. Sah, Advocate For the State : Mr. Nawin Kr. Singh, Addl. P.P. For the O.P. No.2 : None ------ Order No:-03 Dated:-19-12-2025 Heard the parties. Though notice has validly been served upon 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 petitioner with the prayer for restoration of A.B.A. (Filing) No.2685 of 2025 to its original file which stood dismissed for non-compliance of the peremptory order dated 11.04.2025 passed by this Court. It is submitted by the learned counsel for the petitioner that A.B.A. (Filing) No.2685 of 2025 stood dismissed for non-compliance of the peremptory order dated 11.04.2025 passed by this Court to remove the defects pointed out by the stamp reporter. It is next submitted that due to unavoidable circumstances, the defects pointed out, could not be removed within the stipulated time which resulted in dismissal of the said A.B.A. (Filing) No.2685 of 2025 for non-compliance of the said peremptory order dated 11.04.2025 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 11.04.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said A.B.A. (Filing) No.2685 of 2025 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the A.B.A. (Filing) No.2685 of 2025 be restored to its original file. Learned Addl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, A.B.A. (Filing) No.2685 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 A.B.A. (Filing) No.2685 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/