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2025 DAILYLAW 38407 (JHR)

ASHISH KUMAR GUPTA v. STATE OF JHARKHAND

Cr.M.P./1476/2025 · 2025-09-26

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:30633 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1476 of 2025 ------ Ashish Kumar Gupta, aged about 34 years, Binod Gupta, Resident of Village & P.O.-Shahpur, P.S.-Chainpur, Dist.-Palamau. … Petitioner Versus 1. The State of Jharkhand 2. Sawitri Devi, wife of Pradeep Kumar, Resident of village & P.O.- Shahpur, P.S.-Chainpur, Dist.-Palamau. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Chetna Nandini, Advocate For the State : Mr. Manoj Kr. Mishra, Addl.P.P. ------ Order No:-03 Dated:-26-09-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.4729 of 2022 to its original file; which stood dismissed for non-compliance of peremptory order dated 22.04.2024. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.4729 of 2022 stood dismissed for non-compliance of the order dated 22.04.2024 for removing the defects peremptorily within four weeks. It is next submitted that due to unfortunate demise of Advocate on record, the petitioner could not remove the defects within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.4729 of 2022 for non-compliance vide order dated 22.04.2024. It is next submitted that non- compliance of the said order dated 22.04.2024 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.4729 of 2022 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.4729 of 2022 be restored to its original file. Learned counsel appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.4729 of 2022 is directed to be restored to its original file to the same stage, at which it was before its dismissal. Registry is directed to list Cr.M.P. No.4729 of 2022 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 26/09/2025 Abhiraj/