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2025 DAILYLAW 9086 (JHR)

SANTOSH KUMAR MEHTA v. THE STATE OF JHARKHAND

Cr.M.P./960/2025 · 2025-07-18

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:19800 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.960 of 2025 ------ Santosh Kumar Mehta, aged about 42 years, son of Trishul Mahto, resident of village-Subhash Chounk Badam, P.O.-Badam, P.S.- Badkagaon, Dist-Hazaribagh, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Amit Kumar, son of Kailash Singh, resident of Village-Ambedkar Nagar, P.O.-Ghato, P.S.-Mandu, Dist.-Ramgarh, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Mukesh Kr. Mehta, Advocate For the State : Ms. Nehala Sharmin, Spl.P.P. ------ Order No:-04 Dated:-18-07-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of A.B.A. No.873 of 2025 to its original file which stood dismissed for non-compliance of peremptory order dated 12.02.2025. It is submitted by the learned counsel for the petitioner that A.B.A. No.873 of 2025 stood dismissed for non-compliance of peremptory order dated 12.02.2025 for filing a supplementary affidavit peremptorily within two weeks. It is next submitted that due to non- supply of certified copy within time, 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.873 of 2025 for non-compliance of peremptory order dated 12.02.2025. It is next submitted that non-compliance of peremptory order dated 12.02.2025 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.873 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.873 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.873 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.873 of 2025 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/