RAJIV YADAV ALIAS RAJU YADAV v. THE STATE OF JHARKHAND
Cr.M.P./961/2025 · 2025-04-25
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8439 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8439 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:12438] IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.961 of 2025
------ Rajiv Yadav @ Raju Yadav, aged about 41 years, S/o Suresh Yadav, R/o of Village – Makramdih near Chopal, P.O.- Sanjha, P.S.- Rajon, Dist.- Banka, Bihar
… Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Godda, P.O., P.S. & District- Godda, Jharkhand.
3. The Superintendent of Police, Godda, P.O., P.S. & District- Godda, Jharkhand.
4. The District Mining Officer, Godda, P.O., P.S. & District- Godda, Jharkhand.
5. The officer-in-Charge, Poraiyahat, P.O. & P.S. Poraiyahat, Dist- Godda, Jharkhand.
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Pankaj Kr. Choudhary, Advocate For the State
: Mr. Rajiv Ranjan, AG
------
Order No:-03 Dated:-25-04-2025
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of W.P. (Cr.) No.51 of 2025 to its original file which stood dismissed for non-compliance of the peremptory order dated 27.01.2025 passed by this Court.
It is submitted by the learned counsel for the petitioner that W.P. (Cr.) No.51 of 2025 stood dismissed for non-compliance of the peremptory order dated 27.01.2025 passed by this Court to file a supplementary affidavit annexing therewith the documents to show that the petitioner is the owner of the vehicle concerned, which has been confiscated. It is next submitted that due to inadvertence, the said affidavit could not be filed within the stipulated time which resulted in dismissal of the said W.P. (Cr.) No.51 of 2025. It is next
submitted that non-compliance of the said order dated 27.01.2025 within the stipulated time was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said W.P. (Cr.) No.51 of 2025 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the W.P. (Cr.) No.51 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, W.P. (Cr.) No.51 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 W.P. (Cr.) No.51 of 2025 before the concerned Bench after a week.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Animesh/