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2026 DAILYLAW 24417 (JHR)

MRINAL KANT v. THE STATE OF JHARKHAND

Cr.M.P./1678/2026 · 2026-08-28

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:25902] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1678 of 2026 ------ 1. Mrinal Kant, aged about 40 years, S/o Sri Chandrika Prasad, Resident of village- Etwari Nagar, Telipara, Hirapur, P.O. & P.S. Dhanbad, District- Dhanbad 2. Nirupai Rani, aged about 55 years, W/o- Ravi Shankar, R/o- behind Town Thana, P.O- Dhariyadih, P.S.- Giridih, District- Giridih … Petitioners Versus 1. The State of Jharkhand 2. Shivnath Chouhan, aged about 70 years, S/o Late Ram Kishun Chouhan, Resident of Bastakola, Nonia Tola, P.O. & P.S: Jharia, District- Dhanbad … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Arun Kr. Pandey, Advocate For the State : Mr. Devesh Krishna, SC (MINES) III Ms. Rukmini Kri., AC to SC (MINES) III For the O.P. No.2 : Mr. Abhijeet Kr. Singh, Advocate ------ Order No:-03 Dated:-28-08-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.3113 of 2021 its original file which stood dismissed for non-prosecution on 17.04.2026. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.3113 of 2021 stood dismissed for non-prosecution on 17.04.2026 by this Court. It is next submitted that as the counsel for the petitioners could not mark the list, hence, no one appeared before this Court when the said Cr.M.P. No.3113 of 2021 was called out resulting in dismissal of the said Cr.M.P. No.3113 of 2021 for non-prosecution. It is next submitted that non-prosecution before this Court on 17.04.2026 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.3113 of 2021 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that Cr.M.P. No.3113 of 2021 be restored to its original file. Learned counsel 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 petitioners, Cr.M.P. No.3113 of 2021 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.3113 of 2021 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 28.08.2026-Animesh/