The High Court of Jharkhand allowed a criminal miscellaneous petition seeking restoration of a criminal case dismissed for non-prosecution owing to the petitioner's inadvertence. The objection of the opposite party was absent.
Restoration of Cr.M.P. No. 600 of 2008 to its original file.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Miscellaneous Petition No. 1670 of 2015
Ashok Kumar Singh @ Ashok Singh son of late Narayan Singh resident of Mohalla Mangrodih, PO Giridih, PS Giridih (M), District Giridih …
… … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Shree Nivas Roy, Advocate For the Opposite Party : Mr. Shekhar Sinha, A.P.P.
2/04.09.2015 Heard Mr. Shree Nivas Roy, learned counsel appearing for the petitioner and Mr. Shekhar Sinha, learned A.P.P. for the State.
In this application, the petitioner has prayed for restoration of 600 of 2008 dismissed for non-prosecution on 23.02.2015.
It has been submitted by the learned counsel for the petitioner that due to inadvertence, the list could not be marked as a result of which, he could not appear when the case was called out, leading to dismissal of the case.
Learned A.P.P. does not have any objection, if the prayer of the petitioner be acceded to.
Regard being had to the facts, Cr.M.P. No. 1670 of 2015 is allowed and Cr.M.P. No. 600 of 2008 is restored to its original file.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 issue framed by the court
Whether the criminal miscellaneous petition for restoration of a dismissed case due to inadvertence should be allowed?
2 provisions across 2 enactments
Ashok Kumar Singh @ Ashok Singh
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
