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2025 DAILYLAW 3909 (JHR)

BHAGWAT PRASAD v. THE STATE OF JHARKHAND

Cr.M.P./122/2025 · 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.122 of 2025 Bhagwat Prasad, aged about 80 years, Son of Jaimangal Singh, Resident of Hirak Ring Road, Near Loyala Public School, Kusum Vihar, P.O., P.S. & Dist. Dhanbad. … Petitioner Versus 1. The State of Jharkhand 2. Vishal Chopra, Son of Late Yogendra Lal Chopra, Resident of Qtr. No. RK-67, Rorabandh, P.O. & P.S. Sindri, Dist. Dhanbad. … Opp. Parties Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Sanjay Prasad, Adv. For the State : Mr. Bhola Nath Ojha, 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.853 of 2022 to its original file which was stood dismissed for non-prosecution by this Court vide order dated 03.01.2025. 3. It is submitted by the learned counsel for the petitioner that the matter was listed on 03.01.2025 before this Court and learned counsel for the petitioner was fallen sick and was suffering from fever, cough and cold as such he could not come to the Court on that day and he had communicated to one of his colleagues to take adjournment but he could not appear, due to which the case was 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.853 of 2022 and unless Cr.M.P. No.853 of 2022 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Cr.M.P. No.853 of 2022 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.853 of 2022 is restored to its original file. 6. Registry is directed to list Cr.M.P. No.853 of 2022 before the concerned Bench. 7. This criminal miscellaneous petition is disposed of accordingly. (Pradeep Kumar Srivastava, J.) Sachin