JHARKHAND HIGH COURT ISSUES ORDER ON SONU KUMAR SUMAN V/S THE STATE OF JHARKHAND AND ANR.

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. 3236 of 2024 to its original file which stood dismissed for non-compliance of the order dated 28.11.2024.

Learned counsel for the petitioner submits that Cr.M.P. No. 3236 of 2024 stood dismissed for non-compliance of the order dated 28.11.2024. It is next submitted that Cr.M.P. No. 3236 of 2024 was listed before this Court on 28.11.2024 and the petitioner was directed to file requisites for service of notice upon the opposite party No.2 by both ways within three weeks but the said requisites could not be filed within the stipulated time as the pairvikar of the petitioner could not communicate the text of the order dated 28.11.2024 to the effect that the same was peremptory in nature; which resulted in dismissal of the said Cr.M.P. No. 3236 of 2024 for non-compliance of the order dated 28.11.2024. It is further submitted that non-compliance of the order dated 28.11.2024 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. 3236 of 2024 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. 3236 of 2024 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. 3236 of 2024 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. 3236 of 2024 before the appropriate Bench after a week.

This Criminal Miscellaneous Petition is disposed of accordingly.

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