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2025 DAILYLAW 4350 (JHR)

FAHIMUL HAQUE BEG v. THE STATE OF JHARKHAND

Cr.M.P./188/2025 · 2025-01-31

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.188 of 2025 ------ Fahimul Haque Beg, aged about 51 years, son of Late Nurul Hoda Beg, resident at Mohalla- Chistiya, P.O. & P.S.- Sadar, District- Hazaribagh … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Niranjan Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl.P.P. ------ Order No:-02 Dated:-31-01-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3188 of 2023 to its original file which stood dismissed for non-compliance of the peremptory order dated 13.12.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3188 of 2023 stood dismissed for non-compliance of the peremptory order dated 13.12.2024 passed by this Court to remove the defects pointed out by the stamp reporter. It is next submitted that due to communication gap, the petitioner could not remove the defects pointed out by the stamp reporter within the stipulated time, which resulted in dismissal of the said Cr.M.P. No.3188 of 2023. It is next submitted that non-compliance of the said order dated 13.12.2024 within the stipulated time 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.3188 of 2023 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.3188 of 2023 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.3188 of 2023 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.3188 of 2023 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/