JHARKHAND HIGH COURT ISSUES ORDER ON DILIP KUMAR MAJUMDAR V/S THE STATE OF JHARKHAND

RANCHI, India, March 25 -- Jharkhand High Court issued the following order on Feb. 20:

Heard the parties.

Though notice has validly been served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls.

This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No. 2955 of 2021 to its original file which stood dismissed for non-compliance of the peremptory order dated 01.11.2023.

Learned counsel for the petitioner submits that Cr.M.P. No. 2955 of 2021 stood dismissed for non-compliance of the peremptory order dated 01.11.2023. It is next submitted that Cr.M.P. No. 2955 of 2021 was listed before this Court on 01.11.2023 and the petitioner was directed to file a supplementary affidavit annexing therewith the certified copy of the order sheet by which the trial court has issued non-bailable warrant of arrest against the petitioner of the said Criminal Miscellaneous Petition within two weeks from the date of that order but the same could not be filed within the said stipulated period as the petitioner could not bring the order sheet on record; which resulted in dismissal of the said Cr.M.P. No. 2955 of 2021 for non-compliance of the peremptory order dated 01.11.2023. It is further submitted that non-compliance of the peremptory order dated 01.11.2023 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. 2955 of 2021 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. 2955 of 2021 be restored to its original file.

Learned counsel for the State 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. 2955 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. 2955 of 2021 before the appropriate Bench after a week.

This Criminal Miscellaneous Petition is disposed of accordingly.

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