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2026 DAILYLAW 23271 (JHR)

ASHISH KUMAR v. THE STATE OF JHARKHAND

Cr.M.P./1436/2026 · 2026-08-21

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:25393] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1436 of 2026 ------ 1. Ashish Kumar, aged about 46 years, 2. Arun Kumar Gupta, aged about 45 years. 3. Amit Kumar Gupta, aged about 38 years. All are sons of Sri Vishwanath Prasad, resident of Mohalla Mahuwa Toli, P.O.- GPO Ranchi, P.S.- Sukhdeo Nagar, District-Ranchi, Jharkhand. … Petitioners Versus 1. The State of Jharkhand 2. Pawan Baraik, son of Durga Baraik, resident of Bazra, P.O. Hehal, P.S.- Sukhdeo Nagar (Pandra O.P.), District-Ranchi, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rama Kant Tiwari, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl.P.P. For the O.P. No.2 : Mr. Maneesh Kumar, Advocate ------ Order No:-04 Dated:-21-08-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed with the prayer for restoration of Cr.M.P. No.777 of 2026 to its original file which stood dismissed for noncompliance of the peremptory order dated 10.04.2026. Learned counsel for the petitioners submits that Cr.M.P. No.777 of 2026 was dismissed for noncompliance of the peremptory order dated 10.04.2026. It is next submitted that due to non-appearance of counsel for the petitioners on the date of listing dated 10.04.2026; the petitioner was unaware about the said order; which resulted in dismissal for default of Cr.M.P. No.777 of 2026 for noncompliance of the peremptory order dated 10.04.2026. It is next submitted that noncompliance of the peremptory order dated 10.04.2026 was neither deliberate nor intentional. It is further submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.777 of 2026 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.777 of 2026 be restored to its original file. Learned counsel for the State as well as learned counsel for the opposite party no.2 has not raised any serious objection to the prayer of the petitioner. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 777 of 2026 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. 777 of 2026 before the appropriate Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 21.08.2026 Amar/