Court allowed a cross-monger petition to restore a dismissed criminal writ petition. The petitioner's counsel was absent due to visiting his father for treatment.
W.P.(Cr.) No.268 of 2012 is directed to be restored to its original file.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2626 of 2014
Versus
--------- CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY
For the Petitioners : Mr. Rakesh Kumar Sinha, Advocate For the Respondents : Mr. Ram Nivas Roy, Advocate
02 / 14.11.2014 This Cr.M.P. has been filed with a prayer to restore W.P.(Cr.) No.268 of 2012 which stood dismissed for non-prosecution on 10.10.2014.
It is submitted that the conducting counsel had gone out of station for treatment of his father. The case was put up for the first time for removal of defects and finding no counsel, it stood dismissed.
On being satisfied with the grounds taken, this Cr.M.P. stands allowed. Accordingly, W.P. (Cr.)No.268 of 2012 is directed to be restored to its original file.
(D. N. Upadhyay, J.)
NKC
2 issues framed by the court
Whether a writ petition dismissed for non-prosecution can be restored on compassionate grounds.
Whether the dismissal was due to the absence of counsel caused by personal medical emergency.
Deepak Kumar Nishad
Ram Chandra Nishad
Basanti Devi
The State of Jharkhand
Hem Kumar Karn
Niharika Kumari @ Rajni
D.N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
