The High Court of Jharkhand restored ABA No. 8452 of 2018 to its original file due to inadvertence by the lawyer's clerk, which had led to the dismissal of the anticipatory bail application, and listed it for hearing.
ABA No. 8452 of 2018 restored to original file; listed for hearing after a week.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1366 of 2019
Basudev Das @ Basudeo Ravidas … Petitioner Versus The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Rohit Agarwal, Adv. For the State : Addl. P.P.
05 / 06.09.19 Heard the parties.
Learned counsel for the petitioner submits that this criminal miscellaneous petition has been filed with prayer for restoration of ABA. No. 8452 of 2018, which was dismissed for default of the petitioner. It was further submitted by learned counsel for the petitioner that that due to inadvertence on the part of the clerk of the learned Advocate, the peremptory order dated 11.03.2019 in ABA. No. 8452 of 2018 could not be complied. But in the meanwhile, supplementary affidavit has been filed in the Cr.M.P. for non-filing of which, ABA. No. 8452 of 2018 was dismissed. It is next submitted that the petitioner has very good ground to agitate in the said anticipatory bail application and unless the said ABA. No. 8452 of 2018 is restored to file, the petitioner will be highly prejudiced. Hence it is submitted that ABA. No. 8452 of 2018 be restored to its original file.
Considering the aforesaid facts and circumstances of the case, ABA No. 8452 of 2018 is restored to its original file. List ABA No. 8452 of 2018 after a week under appropriate heading.
This criminal miscellaneous petition is disposed of accordingly.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
2 issues framed by the court
Whether ABA No. 8452 of 2018 should be restored to file due to inadvertence by the clerk.
Whether the petitioner should be granted restoration despite prior dismissal.
Basudev Das @ Basudeo Ravidas
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
