MD. SULTAN QURAISHI ALIAS MD. SULTAN QUARAISHI v. STATE OF JHARKHAND
Cr.M.P./708/2025 · 2025-07-25
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7205 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7205 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:20587 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.708 of 2025
------ Md. Sultan Quraishi @ Md. Sultan Quaraishi, S/o Md. Idrish Quraishi, aged about 32 years, Resident of Village –Quraishi Mohalla Asansol, Post –P.S. –Asansol (M. corp.), District – Barddhaman, West Bengal -713302.
… Petitioner
Versus The State of Jharkhand
… Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Birendra Kumr, Advocate For the State
: Mr. Vishwanath Roy, Spl.P.P.
------
Order No:-03 Dated:-25-07-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of A.B.A. No.445 of 2025 to its original file which stood dismissed for non-compliance of peremptory
order dated 24.01.2025.
It is submitted by the learned counsel for the petitioner that A.B.A. No.445 of 2025 stood dismissed for non-compliance of peremptory order dated 24.01.2025 for filing a supplementary affidavit peremptorily within one week. It is next submitted that due to the fact that the pairvikar of the petitioner was suffering from viral fever, 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.445 of 2025 for non-compliance of peremptory order dated 24.01.2025. It is next submitted that non-compliance of peremptory order dated 24.01.2025 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.445 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.445 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 and the facts of this case, A.B.A. No.445 of 2025 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. No.445 of 2025 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/