RANCHI, India, March 25 -- Jharkhand High Court issued the following order on Feb. 20:
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No. 01 of 2019 to its original file which stood dismissed for non-prosecution vide order dated 05.08.2025.
Learned counsel for the petitioner submits that Cr.M.P. No. 01 of 2019 stood dismissed for non-prosecution vide order dated 05.08.2025. It is next submitted that Cr.M.P. No. 01 of 2019 was listed before this Court on 05.08.2025 and no one turned up on behalf of the petitioner in spite of repeated calls when Cr.M.P. No. 01 of 2019 was called for hearing as due to technical lapse in filing vakalatnama in Cr.M.P. No. 1341 of 2025, inadvertently the same was not filed in Cr.M.P. No. 01 of 2019 resulting in the name of the present counsel not being reflected in the daily cause list and the list could not be marked by the office of the Advocate; which resulted in dismissal of the said Cr.M.P. No. 01 of 2019 for non-prosecution vide order dated 05.08.2025. It is further submitted that non-appearance of the learned counsel for the petitioner before this Court 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. 01 of 2019 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. 01 of 2019 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. 01 of 2019 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. 01 of 2019 before the appropriate Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
Disclaimer: Curated by HT Syndication.
