Samaul Sk Alias Samsul Sk Vs the State of Jharkhand and Anr.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P No. No.2298 of 2015

Samual Sk. @ Samsul Sk., S/o Asgar Ali, R/o Village – Prithibinagar, P.O. - Pakur, P.S. - Pakur (M), District – Pakur …… Petitioner

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Versus

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1. The State of Jharkhand 2. Hena Bibi, W/o Samaul Sk. and D/o Jakaria Sk., R/o Prithibinagar, P.O. - Pakur, P.S. - Pakur (M), District – Pakur …... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Petitioner : Mr. Asadul Haque, Advocate For the State : A.P.P

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04/Dated: 8th January, 2016

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The present Cr.M.P has been filed for restoration of Criminal Revision No.1060 of 2014, which stood dismissed on 04.03.2015 due to non-compliance of peremptory order dated 18.02.2015.

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2. Learned counsel, for the petitioner, has submitted that vide order dated 18.02.2015, this Court had directed the petitioner to file requisites of notice within two weeks however, due to inadvertence, the counsel could not direct the petitioner to comply with the said order, as such, the requisites could not be filed. That there is no deliberate or intentional laches on the part of the petitioner rather the order could not be complied with due to non-communication of the order by the counsel. It is submitted that if the revision application is not restored to its original file, the petitioner shall suffer irreparable loss as he has a good case.

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3. Learned A.P.P is in attendance.

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4. Considering the reasons assigned in the instant petition, there is reasonable and sufficient explanation given for the restoration of Cr. Revision No.1060 of 2014.

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Accordingly, Cr.M.P No.2298 of 2015 stands allowed and Cr. Revision No.1060 of 2014 is directed to be restored to its original file.

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5. Learned counsel for the petitioner shall file requisites of notice in Cr. Revision No.1060 of 2014 today itself.

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(AMITAV K. GUPTA, J.)

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Chandan/-

Samaul Sk Alias Samsul Sk v. the State of Jharkhand and Anr.

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Samaul Sk Alias Samsul Sk v. the State of Jharkhand and Anr.

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