The High Court of Jharkhand allowed a criminal miscellaneous petition seeking restoration of a previously dismissed petition filed due to default, citing the petitioner's failure to mark the case note despite long notice.
Cr.M.P. No. 650 of 2003 is restored to its original file with an observation that any stay granted shall not be operative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 1186 of 2015
-V e r s u s -
The State of Jharkhand ... ... Opposite Party
CORAM: - HON’BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioners : Mr. Arjun Narayan Deo, Advocate. For the State : APP
4/11.09.2015 Heard the parties.
This Cr.M.P. has been filed for restoration of Cr.M.P. No. 650 of 2003 which stood dismissed for default on 08.05.2015.
It is submitted that the petitioner could not mark note appended to the Cause List and, therefore, he could not appear. Furthermore, prior to 08.05.2015, the case was listed on 07.01.2004. Since the case was listed after long time, the counsel could not mark the case.
On being satisfied with the grounds taken, this Cr.M.P. stands allowed.
Cr.M.P. No. 650 of 2003 is restored to its original file with an observation that stay, if any, granted in favour of the petitioner shall not be operative.
(D. N. Upadhyay, J.)
RC/
1 issue framed by the court
Whether the present criminal miscellaneous petition deserves to be allowed for restoration of the dismissed petition.
Madhur Ram
Saheb Murmu
The State of Jharkhand
D. N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
