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2025 DAILYLAW 7191 (JHR)

SUMMI SINHA ALIAS SUMITA v. THE STATE OF JHARKHAND

Cr.M.P./585/2025 · 2025-09-12

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:28035 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.585 of 2025 ------ Summi Sinha @ Sumita aged about 48 years wife of Late Mukesh Sinha, resident of Saya Niwas, New Bus Stand Road, Near Petrol Pump, P.O. & P.S.-Giridih, District Giridih. … Petitioner Versus 1. The State of Jharkhand 2. Tanvi Komal wife of Late Kumar Gaurav, Resident of Bakshidid Road, Bustand & P.O.-Giridih, P.S.-Giridih Sadar, District Giridih. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rajesh Kr. Mahtha, Advocate For the State : Mr. Sunil Kr. Dubey, Addl.P.P. ------ Order No:-03 Dated:-12-09-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3041 of 2024 to its original file which stood dismissed for non-compliance of peremptory order dated 12.11.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3041 of 2024 stood dismissed for non-compliance of peremptory order dated 12.11.2024 for filing the requisites within four weeks. It is next submitted that due to laches on the part of his clerk, the learned counsel for the petitioner could not file the said requisites within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.3041 of 2024 for non-compliance of peremptory order dated 12.11.2024. It is next submitted that non-compliance of peremptory order dated 12.11.2024 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.3041 of 2024 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.3041 of 2024 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 and the facts of this case, Cr.M.P. No.3041 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 Cr.M.P. No.3041 of 2024 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/