This order allowed the restoration of Cr. M.P. No. 358 of 2018. The court restored the matter to its original file and directed the petitioner to file requisites within one week, disposing of the current writ petition. The appellant raised no opposition.
Cr. M.P. No. 358 of 2018 restored to original file; requisites to be filed within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 1708 of 2018
---
Tuklal Yadav ……. .. Petitioner
vs.-
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH HON’BLE MR. JUSTICE RATNAKER BHENGRA
--- For the Petitioner : Mr. Sachin Mahato, Adv For the Opp. Parties : Ms. Niki Sinha, APP
04/11.07.2018
Heard learned counsel for the petitioner and learned A.P.P.
Petitioner has sought restoration of Cr. M. P. No. 358 of 2018 so far as it relates to opposite party no. 2 since Cr. M. P. stood dismissed as against opposite party no. 2 for non-filing of requisites within peremptory time in terms of the order dated 12th March, 2018.
Learned counsel for the petitioner submits that inadvertently the requisites could not be filed by the office within time due to gap in communication with the Advocate’s clerk. However, petitioner is not at fault and may suffer irreparable injury if the Cr. M. P. No. 358 of 2018 is not restored.
Learned A.P.P. has not opposed the prayer.
Having considered the submission of learned counsel for the parties and the reasons stated therein, let Cr. M. P. No. 358 of 2018 be restored to its original file.
Requisites be filed in the main matter within one week from today. Accordingly, Cr. M. P stands disposed of.
(Ratnaker Bhengra,J)
jk
1 issue framed by the court
Whether a criminal miscellaneous petition dismissed for non-filing of requisites within time should be restored.
Tuklal Yadav
State of Jharkhand
Jagdish Gope
Aparesh Kumar Singh
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
