RANCHI, India, Jan. 6 -- Jharkhand High Court issued the following order on Dec. 5:
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.4129 of 2023 to its original file which stood dismissed for non-compliance of peremptory order dated 13.12.2024.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.4129 of 2023 stood dismissed for non-compliance of peremptory order dated 13.12.2024 for removing the defects pointed out by the stamp reporter within four weeks. It is next submitted due to inadvertence on the part of Advocate's Clerk, the petitioner could not remove the defects within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.4129 of 2023 for non-compliance of peremptory order dated 13.12.2024. It is next submitted that noncompliance of peremptory order dated 13.12.2024 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.4129 of 2023 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.4129 of 2023 be restored to its original file.
Learned counsel appearing for the State has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner and the facts of this case, Cr.M.P. No.4129 of 2023 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.4129 of 2023 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
Disclaimer: Curated by HT Syndication.
