IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No 2699 of 2023
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1. Hemnti Devi, aged about 35 years, w/o Yamuna Ray
2. Yamuna Ray, aged about 39 years, s/o Late Baldev Ray
Both r/o Koyala Bazar Nageshwarbag, P.O. & P.S.-
Rajmahal Dist.-Sahibganj
3. Fulo Devi, aged about 38 years, w/o Satyendra Ray
4. Satyendra Ray, aged about 42 years, s/o Thakur Ray
Both r/o Chhota Panchgarh Jirwabari, P.O.+P.S. & Dist.-
Sahibganj (Jharkhand) …
Petitioner
Versus
1. The State of Jharkhand
2. Superintendent of Police, P.O. + P.S.-Sahibganj & Dist.-
Sahibganj, Jharkhand
3. Dy. Superintendent of Police, P.O. + P.S.-Sahibganj & Dist.-
Sahibganj, Jharkhand
4. Officer-in-charge, Borio (Jirwabari) Police Station, P.O.+P.S.
& Dist.-Sahibganj … Opposite Parties
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CORAM:
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Aman Shekhar, Advocate
For the State : Mr. P.D. Agrawal, Spl. P.P.
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Order No.06 Dated- 29.11.2024
Heard the parties.
This criminal miscellaneous petition has been filed at the
instance of the petitioners for restoration of Cr.M.P. No. 3498 of 2021 to
its original file.
Learned counsel for the petitioners submits that Cr.M.P. No.
3498 of 2021 was dismissed for non-compliance of peremptory order of
filing requisites. It is next submitted that the Advocate’s clerk due to
inadvertence could not file the requisites within the stipulated time
hence, the same resulted in dismissal of Cr.M.P. No. 3498 of 2021. It is
next submitted that the petitioners have very good grounds to agitate
in the said Cr.M.P. No. 3498 of 2021 and unless Cr.M.P. No. 3498 of
2021 is restored to its original file, the petitioners will be highly
prejudiced. Hence, it is submitted that the Cr.M.P. No. 3498 of 2021 be
restored to its original file.
Considering the aforesaid submission of the learned counsel for
the petitioners, Cr.M.P. No. 3498 of 2021 is restored to its original file to
the stage at which, it was before its dismissal.
List Cr.M.P. No. 3498 of 2021 under the appropriate heading
before the appropriate bench after a week.
(Anil Kumar Choudhary, J.)
Sonu-Gunjan/