Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:24980 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.722 of 2025
------ Uma Shankar Prasad, aged about 61 years, son of Late Kashi Saw, resident of Flat No.03B, Yuvraj Complex, Deputy Para, Kutchery Road, PO.-G.P.O. Ranchi, P.S.-Kotwali, District-Ranchi.
… Petitioner
Versus
1. The State of Jharkhand
2. Meera Choudhary wife of Anjani Kumar, resident of Flat No.303B, Sai Apartment, Kutchery Road, P.O.-G.P.O. Ranchi, P.S.- Kotwali, District-Ranchi, Jharkhand.
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Kaushalendra Prasad, Advocate For the State
: Mr. Shailendra Kr. Tiwari, Spl.P.P.
------
Order No:-03 Dated:-22-08-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.2197 of 2024 to its original file; which stood dismissed for non-compliance of peremptory
order dated 12.12.2024.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2197 of 2024 stood dismissed for non-compliance of the order dated 12.12.2024 for filing requisites for service of notice upon the opposite party no.2 peremptorily within four weeks. It is next submitted that due to unforeseen circumstance which was beyond the control of advocate’s clerk, the petitioner could not file the said requisites within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.2197 of 2024 for non-compliance of the peremptory order dated 12.12.2024. It is next submitted that non-compliance of the said order dated 12.12.2024 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.2197 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.2197 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, Cr.M.P. No.2197 of 2024 is directed to be restored to its original file to the same stage, at which it was before its dismissal.
Registry is directed to list Cr.M.P. No.2197 of 2024 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/