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2025 DAILYLAW 5531 (JHR)

SUJEET MISHRA v. THE STATE OF JHARKHAND

Cr.M.P./366/2025 · 2025-06-13

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:15501] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.366 of 2025 ------ 1. Sujeet Mishra, aged about 33 years, son of Sri Harinandan Mishra; 2. Sudhir Kumar Mishra @ Sudhir Mishra, aged about 41 years, son of Sri Harinandan Mishra; 3. Harinandan Mishra, aged about 71 years, son of Late Gopal Mishra; 4. Renu Devi, aged about 65 years, wife of Sri Harinandan Mishra; All resident of House No.255, New Delhi Colony, Near Playground, P.O. & P.S.- Dhansar, District- Dhanbad. … Petitioners Versus 1. The State of Jharkhand 2. Sarita Sinha, daughter of Sri Dashrath Prasad Sinha, resident of Near Durga Mandir, Kalhua More, Chalmo, Bhi. T.C. Barmasia, P.O.- Isri Market, P.S.- Dumri, District- Giridih. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rohit Ranjan Sinha, Advocate For the State : Mr. Prabhu Dayal Agrawla, Spl.P.P. ------ Order No:-04 Dated:-13-06-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.2093 of 2021 to its original file which stood dismissed for non-compliance of the peremptory order dated 03.04.2024. Learned counsel for the petitioners submits that Cr.M.P. No.2093 of 2021 stood dismissed for non-compliance of the peremptory order dated 03.04.2024. It is next submitted that prayer for time was allowed to the petitioners subject to deposit of Rs.1,000/- by the petitioners with the Jharkhand State Legal Services Authority (JHALSA) within two weeks but the learned counsel for the petitioners appearing in the record missed to communicate to his clerk about the peremptory time, hence, the said deposit could not be made within the stipulated time; which resulted in dismissal for non-compliance of the peremptory order dated 03.04.2024. It is next submitted that non-compliance of the peremptory order dated 03.04.2024 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 petitioners have very good grounds to agitate in the said Cr.M.P. No.2093 of 2021 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.2093 of 2021 be restored to its original file. Learned Spl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.2093 of 2021 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.2093 of 2021 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/