Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.464 of 2024
------ Madan Mohan Singh, aged about 57 years, S/o Tejnarayan Singh, R/o Prabhu Dwar, Nirala Path, Baridih Basti, P.O. & P.S.- Baridih, Jamshedpur, District- East Singhbhum.
… Petitioner
Versus
1. The State of Jharkhand
2. Jitendra Prasad Singh, S/o Girija Prasad, working as Regional Officer- Jharkhand State Pollution Control Board, having office at MB/15, New Housing Colony, Adityapur, P.O. & P.S.- Adityapur, District- Saraikella Kharsawan.
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Gaurang Jajodia, Advocate
Mr. Avilash Kumar, Advocate For the State
: Ms. Kumari Rashmi, Addl.P.P. For the O.P. No.2 : Mr. Bhanu Kumar, Advocate
------
Order No:-03 Dated:-10-01-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.2421 of 2023 to its original file which stood dismissed for non-compliance of peremptory order dated
09.01.2024.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2421 of 2023 stood dismissed for non-compliance of peremptory order dated 09.01.2024. It is next submitted that Cr.M.P. No.2421 of 2023 was listed before this Bench and the petitioner was directed to file requisites for service of notice upon the opposite party No.2 within two weeks but the petitioner could not file the said requisites within the peremptory period which resulted in dismissal of Cr.M.P. No.2421 of 2023. It is next submitted that non filing of the said requisites by the petitioner 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.2421 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.2421 of 2023 be restored to its original file.
Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 have not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.2421 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.2421 of 2023 before the concerned Bench after four weeks.
This Criminal Miscellaneous Petition is disposed of accordingly.
Learned counsel for the opposite party No.2 submits that the petitioner be directed to serve a copy of the petition along with the annexures of Cr.M.P. No.2421 of 2023.
Learned counsel for the petitioner submits that the same will be supplied by the petitioner to the learned counsel for the opposite party No.2 within a week.
Learned counsel for the opposite party No.2 prays for time to file a counter-affidavit in Cr.M.P. No.2421 of 2023.
Prayer for time is allowed.
The opposite party No.2 is directed to file the said counter-affidavit in Cr.M.P. No.2421 of 2023 within four weeks.
(Anil Kumar Choudhary, J.) Saroj/