Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 5228 (JHR)

DEBJYOTI BISWAS v. THE STATE OFJHARKHAND

Cr.M.P./1554/2025 · 2025-07-11

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:18878] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1554 of 2025 ------ Debjoyti Biswas, Proprietor of Shree Ganesh Enterprises, S/o- Dulal Chandra Biswan, aged about 28 years, Resident of Ghoshpara, 4 No. Ward, Kalyani, P.O. + P.S.- Kalyani, District- Nadia (West Bengal), Aadhar No.669161876805 … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Abhishek S. Sinha, Advocate For the State : Mr. Shiv Shankar Kumar, Addl.P.P. ------ Order No:-03 Dated:-11-07-2025 Heard the parties. This miscellaneous petition has been filed by the petitioner with a prayer for restoration of A.B.A. (Filling) No.19352 of 2024 its original file which stood dismissed for non-prosecution on 08.01.2025. It is submitted by the learned counsel for the petitioner that A.B.A. (Filling) No.19352 of 2024 stood dismissed for non-prosecution on 08.01.2025 by this Court. It is next submitted that as the counsel for the petitioner was suffering from facial infections, hence, no one appeared before this Court when the said A.B.A. (Filling) No.19352 of 2024 was called out resulting in dismissal of the said A.B.A. (Filling) No.19352 of 2024 for non-prosecution. It is next submitted that non-prosecution before this Court on 08.01.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said A.B.A. (Filling) No.19352 of 2024 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the A.B.A. (Filling) No.19352 of 2024 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, A.B.A. (Filling) No.19352 of 2024 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 A.B.A. (Filling) No.19352 of 2024 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/