NIRANJAN KUMAR YADAV ALIAS NIRANJAN YADAV ALIAS CHHOTU YADAV v. THE STATE OF JHARKHAND
Cr.M.P./770/2025 · 2025-08-22
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6925 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6925 (JHR) · dailylaw.ai ]
Judgment text
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( 2025:JHHC:24982 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.770 of 2025
------ Niranjan Kumar Yadav @ Niranjan Yadav @ Chhotu Yadav, aged about 25 years, son of Shri Vikas Yadav, resident of Village- Dasrodih, P.O.-Doranda, P.S.-Raj Dhanwar, District-Giridih (Jharkhand).
… Petitioner
Versus
1. The State of Jharkhand
2. Rekha Devi, aged about 23 years, Daughter of Shri Badhan Mahto @ Badhan Prasad Yadav, wife of Niranjan Kumar Yadav @ Niranjan Yadav @ Chhotu Yadav, Resident of Village-Dasradih (Dasrodih), P.O.-Doranda, P.S.-Raj Dhanwar, District-Giridih (Jharkhand) presently Resident of Village-Bhita, P.O.-Sankh, P.S.- Tisri, District-Giridih (Jharkhand).
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Sumit Prakash, Advocate For the State
: Mr. Nawin Kr. Singh, Addl.P.P.
------
Order No:-03 Dated:-22-08-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of A.B.A. No.475 of 2025 to its original file which stood dismissed for non-compliance of peremptory
order dated 28.01.2025.
It is submitted by the learned counsel for the petitioner that A.B.A. No.475 of 2025 stood dismissed for non-compliance of peremptory order dated 28.01.2025 for filing a supplementary affidavit peremptorily within two weeks. It is next submitted that due to inadvertence, the certified copy of the cognizance order could not be procured within stipulated time, the learned counsel for the petitioner could not file the said supplementary affidavit within the stipulated time; which resulted in dismissal of the said A.B.A. No.475 of 2025 for non-compliance of peremptory order dated 28.01.2025. It is next submitted that non-compliance of peremptory order dated 28.01.2025
was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said A.B.A. No.475 of 2025 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. No.475 of 2025 be restored to its original file.
Learned counsel appearing for the State has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner, A.B.A. No.475 of 2025 is directed to be restored to its original file to the same stage, at which it was before its dismissal.
Registry is directed to list A.B.A. No.475 of 2025 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/