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2025 DAILYLAW 7680 (JHR)

DHIREN CHANDRA MAHATO ALIAS D C MAHATO ALIAS DHIREN MAHTO v. THE STATE OF JHARKHAND

Cr.M.P./664/2025 · 2025-03-21

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.664 of 2025 ------ Dhiren Chandra Mahato @ D.C. Mahato @ Dhiren Mahto, aged about 41 years, Son of Jagat Chandra Mahato, Resident of- House No.52, New Subhash Colony, Road No. 1, Dimna Road, P.O. & P.S.- Mango, Town- Jamshedpur, District- East Sighbhum, Jharkhand … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Harsha Chandra, Advocate Mr. Abhijeet Kumar, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P. ------ Order No:-02 Dated:-21-03-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of A.B.A. No.4765 of 2024 to its original file which stood dismissed for non-prosecution vide order dated 27.02.2025. Learned counsel for the petitioner submits that A.B.A. No.4765 of 2024 stood dismissed for non-prosecution vide order dated 27.02.2025. It is next submitted that A.B.A. No.4765 of 2024 was listed before this Bench but inadvertently, the list could not be searched properly and failed to be marked in the cause list; hence, the learned counsel for the petitioner could not turn up when A.B.A. No.4765 of 2024 was called out; which resulted in dismissal of the said A.B.A. No.4765 of 2024 for non-prosecution. It is next submitted that non-prosecution before this court on 27.02.2025 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.4765 of 2024 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.4765 of 2024 be restored to its original file. Learned Spl.P.P. 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.4765 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 A.B.A. No.4765 of 2024 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/