Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:15499] IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.359 of 2025
------ Pashupat Yadav, Aged about 64 years, s/o. Late Dudhnath Yadav, R/o. Village- Shobhanpur Bhattha, P.O. Sahibganj, P.S. Sahibganj (M), District- Sahibganj (Jharkhand).
… Petitioner
Versus
1. The State of Jharkhand
2. Gangiya Devi, W/o. Vijay Kumar, R/o. Village- Shobhanpur Bhattha, P.O. Sahibganj, P.S. Sahibganj (M), District- Sahibganj (Jharkhand)
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Aman Shekhar , Advocate For the State
: Mr. Shailesh Kr. Sinha, Addl.P.P.
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Order No:-02 Dated:-13-06-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3753 of 2017 to its original file which stood dismissed for non-compliance of the peremptory order dated
13.12.2024.
Learned counsel for the petitioner submits that Cr.M.P. No.3753 of 2017 stood dismissed for non-compliance of the peremptory order dated 13.12.2024. It is next submitted that prayer for time was allowed to the petitioner subject to deposit of Rs.1,000/- by the petitioner with the Jharkhand State Legal Services Authority (JHALSA) within four weeks but due to inadvertence, the said deposit could not be made within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.3753 of 2017 for non-compliance of the peremptory order dated 13.12.2024. It is next submitted that non-compliance of the peremptory order dated 13.12.2024 was neither deliberate nor intentional. It is then submitted that in the meanwhile, the petitioner has deposited Rs.1,000/- with the Jharkhand State Legal Services Authority (JHALSA) and the proof of the same has been annexed with this brief. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.3753 of 2017
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.3753 of 2017 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, Cr.M.P. No.3753 of 2017 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.3753 of 2017 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Saroj/