Allowed

Dilip Prasad Alias Dilip Kumar Alias Deelip Kumad v. the State of Jharkhand

Jharkhand HC13 Apr 2018Cr.M.P./840/2018

Case brief

AI extract

What is this about?

The High Court restored a dismissed Criminal Appeal to file conditionally. The appellants must file requisites for service on the respondent state within three weeks; failure will result in dismissal of the MPC.

What did the court decide?

Criminal Appeal (S.J.) No. 62 of 2018 restored to file, subject to filing requisites for service within three weeks; conditional order stands if not complied with.

Dilip Prasad Alias Dilip Kumar Alias Deelip… — Criminal Trial and Appeal | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. M.P. No. 840 of 2018

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Dilip Prasad @ Dilip Kumar @ Deelip Kumar

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Janardan Mahto

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Yugal Mahto @ Yugal Prasad

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Rajesh Mahto @ Rajesh Kumar

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Parmeshwar Mahto @ Prameshwar Prasad

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Shakti Prasad @ Shashi Kumar

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Munsi Prasad

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Shaira Mahto @ Shaira Prasad … Petitioners

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Versus The State of Jharkhand … Opp. Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Lalan Kr. Singh, Adv. For the State : Addl. P.P. ------

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Order No.04 Dated- 13.04.2018

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This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of Criminal Appeal (S.J.) No. 62 of 2018 to file.

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It is submitted by the learned counsel for the petitioners that vide peremptory order dated 05.02.2018, passed in Criminal Appeal (S.J.) No. 62 of 2018, this Court directed the appellants to file requisites for service of notice on the respondent no.2 within two weeks but the learned counsel for the appellants heard through another counsel that only the case diary was called for and because of confusion, the appellants could not file the requisites resulting in dismissal of the said appeal. It is further submitted that the Criminal Appeal (S.J.) No. 62 of 2018 be restored to file and the petitioner-appellants undertake to file the requisites within three weeks.

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Considering the aforesaid submission of the learned counsel for the petitioner, the Criminal Appeal (S.J.) No. 62 of 2018 is restored to its file, subject to the appellants filing the requisites for service of notice in both ways on the respondent no.2 of the said appeal within three weeks from today, failing which, this conditional order of restoration shall not be given effect to and this criminal miscellaneous petition will stand dismissed, without further reference to the Bench.

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This criminal miscellaneous petition is disposed of accordingly.

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Sonu-Gunjan/-

Dilip Prasad Alias Dilip Kumar Alias Deelip Kumad v. the State of Jharkhand

Case brief

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Dilip Prasad Alias Dilip Kumar Alias Deelip Kumad v. the State of Jharkhand

Case brief

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What did the court decide?

What the court decided

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