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2025 DAILYLAW 41324 (JHR)

KUNJAL BHUIYAN v. THE STATE OF JHARKHAND

Cr.M.P./3660/2025 · 2025-12-19

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:38217] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3660 of 2025 ------ Kunjal Bhuiyan, aged about 48 years, Son of Late Dharam Bhuiyan, Resident of Village- Dadhuva, P.O. & P.S.- Gidhour, District- Chatra (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Manish Yadav, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P. ------ Order No:-02 Dated:-19-12-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.1866 of 2025 to its original file which stood dismissed for non-compliance of the peremptory order dated 08.08.2025. Learned counsel for the petitioner submits that Cr.M.P. No.1866 of 2025 stood dismissed for non-compliance of the peremptory order dated 08.08.2025. It is next submitted that the petitioner was directed to file a supplementary affidavit annexing therewith the proof of the deposit of Rs.5,000/- by the petitioner with the Divisional Forest Officer, South Forest Division, Chatra in connection with Complaint (U.C.) Case No. 234 of 2015 in terms of the order dated 23.03.2022 passed by this Court in A.B.A. No. 2063 of 2022 within four weeks from the date of that order but since the petitioner could not receive the receipt regarding the said deposit within the stipulated time period, hence, due to inadvertence, the supplementary affidavit could not be filed within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.1866 of 2025 for non-compliance of the peremptory order dated 08.08.2025. It is also submitted that the petitioner has already made the said deposit with the Divisional Forest Officer, South Forest Division, Chatra in connection with Complaint (U.C.) Case No. 234 of 2015 the copy of which has been kept at Annexure-3 of the brief. It is further submitted that non- compliance of the said peremptory order 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.1866 of 2025 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.1866 of 2025 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.1866 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.1866 of 2025 before the appropriate Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 19.12.2025 Saroj/