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2026 DAILYLAW 10865 (JHR)

VIKAS JAISUKA v. THE STATE OF JHARKHAND

Cr.M.P./3547/2025 · 2026-02-06

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:3248] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3547 of 2025 ------ Vikas Jaisuka, aged about 32 years, Son of Sri Kedar Nath Agarwal, Resident of: Naya Bazar Road, Jugsalai, P.O. & P.S.: Jugsalai, Dist East Singhbhum. … Petitioner Versus 1. The State of Jharkhand 2. Sri Namit Kumar, S/o Krishna Mohan Prasad, Electric Supply, Sub Division, Adityapur No. 2, P.O. & P.S. Adityapur, Dist- Saraikella-Kharsawan … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Shashi Kant Mishra, Advocate For the State : Md. Fahad Allam, Addl.P.P. For the OP No.2 : Mr. Manoj Kumar, Sr. SC (JUVNL) ------ Order No:-03 Dated:-06-02-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.4056 of 2018 to its original file which stood dismissed for non-prosecution vide order dated 06.11.2025. Learned counsel for the petitioner submits that Cr.M.P. No.4056 of 2018 stood dismissed for non-prosecution vide order dated 06.11.2025. It is next submitted that when Cr.M.P. No.4056 of 2018 was listed before this Court on 06.11.2025 and called out for hearing, the learned counsel for the petitioner could not turn up before this Court as the counsel of the petitioner was suffering from viral fever and also could not mark the said petition in his record; which resulted in dismissal of the said Cr.M.P. No.4056 of 2018 for non-prosecution vide order dated 06.11.2025. It is further submitted that non-appearance of the learned counsel for the petitioner 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.4056 of 2018 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.4056 of 2018 be restored to its original file. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 have not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.4056 of 2018 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.4056 of 2018 before the appropriate Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 06.02.2026 Saroj/