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2025 DAILYLAW 7549 (JHR)

MAMTA GHOSH v. THE STATE OF JHARKHAND

Cr.M.P./793/2024 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.793 of 2024 ------ Mamta Ghosh, Female, aged 26 yrs. w/o Shri Bikash Ghosh @ Shri Vikash Ghosh, d/o Shri Ashok Kumar Ghosh r/o Road no. 17, Near Railway Under Ground Bridge, Adityapur-1, Adityapur, P.O+P.S.- Adityapur, Distt.- Seraikela Kharwawn, Distt.- Seraikela, Jharkhand PIN 831013 Adhar no. 5854 6639 4594 … Petitioner Versus 1. The State of Jharkhand 2. Vikash Ghosh @ Bikash Ghosh s/o Late Balram Ghosh, Resident of c/o Vijay Singh, Vidya Nagar, Road no. 3, P.O.- Harmu, P.S.- Sukhdeonagar, District- Ranchi. Jharkhand, PIN 834001 Working at Department of Information and public relation, Suchana Bhawan, Kanke Road, Ranchi, PIN 834001 … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ajit Prasad, Advocate For the State : Mr. Shiv Shankar Kumar, Addl.P.P. ------ Order No:-05 Dated:-24-01-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.1571 of 2023 to its original file which stood dismissed for non-compliance of the peremptory order dated 15.12.2023. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.1571 of 2023 stood dismissed for non-compliance of the peremptory order dated 15.12.2023. It is next submitted that Cr.M.P. No.1571 of 2023 was listed before this Bench and the petitioner was directed to file requisites for issue notice to the opposite party No.2 under registered post with A/D as well as under ordinary process within two weeks. It is next submitted that the learned counsel for the petitioner prepared the requisites but he could not file within the peremptory period; which resulted in dismissal of the said Cr.M.P. No.1571 of 2023 for non-compliance of the peremptory order dated 15.12.2023. It is next submitted that non-compliance of the said peremptory order dated 15.12.2023 before this court 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.1571 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.1571 of 2023 be restored to its original file. Learned Addl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.1571 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.1571 of 2023 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/