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2026 DAILYLAW 18830 (JHR)

BIRENDRA KUMAR SINHA v. THE STATE OF JHARKHAND

Cr.M.P./1247/2026 · 2026-07-03

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:19562 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1247 of 2026 ------ Birendra Kumar Sinha, Aged about 61 years, S/o Yamuna Prasad Sinha, R/o Mohalla Dharam Bahat, P.O.+P.S. – Ghatshila, District –East Singhbhum. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party ------ CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Gopal K. Sinha, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl. P.P. ------ Order No.03 Dated- 03.07.2026 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No.1876 of 2022 to its original file. Learned counsel for the petitioner submits that Cr.M.P. No.1876 of 2022 was dismissed for non-compliance of the peremptory order of this court dated 05.05.2025 whereby the petitioner was directed to deposit Rs.2,000/- with the Jharkhand State Legal Services Authority (JHALSA) within six weeks. It is next submitted that due to negligence on the part of the advocate’s clerk, the said order dated 05.05.2025 could not be complied within the stipulated time, resulting in dismissal of the same. It is then submitted that the non-compliance of the said order was neither deliberate nor intentional. It is next submitted that the petitioner has deposited the said amount of Rs.2,000/- with the Jharkhand State Legal Services Authority (JHALSA), a copy of receipt of which has been annexed as annexure-1 with the supplementary affidavit dated 23.05.2026. It is further submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.1876 of 2022 and unless Cr.M.P. No.1876 of 2022 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Cr.M.P. No.1876 of 2022 be restored to its original file. Considering the facts of the case and the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.1876 of 2022 is restored to its original file to the stage at which, it was before its dismissal. List Cr.M.P. No.1876 of 2022 under the appropriate heading after a week before the appropriate Bench. (Anil Kumar Choudhary, J.) 03.07.2026 Sonu-