Criminal miscellaneous petition seeking restoration of a dismissed acquittal appeal to the original file for final hearing before the appropriate bench.
Acquittal Appeal (C) No. 59 of 2019 is restored to its original file and listed after eight weeks before the appropriate Bench.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 135 of 2020
Rinku Devi … Petitioner
Versus The State of Jharkhand & Ors. … Opposite Parties
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Pran Pranay, Advocate For the State : Mr. Tarun Kumar, Addl. P.P. ------
Order No.03 Dated- 09.10.2020
Heard the parties through video conferencing.
This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Acquittal Appeal (C) No.59 of 2019 to its original file.
Learned counsel for the petitioner submits that Acquittal Appeal (C) No. 59 of 2019 was dismissed as the petitioner-appellant could not appear when the case was called out. It is further submitted that as the learned counsel for the petitioner-appellant could not mark the list hence, he could not appear when the case was called out. It is next submitted that the petitioner-appellant has very good grounds to agitate in the said acquittal appeal and unless Acquittal Appeal (C) No. 59 of 2019 is restored to its original file, the petitioner-appellant will be highly prejudiced. Hence, it is submitted that the Acquittal Appeal (C) No. 59 of 2019 be restored to its original file.
Learned Addl. P.P. has no serious objection to the prayer for restoration.
Considering the aforesaid submission of the learned counsel for the petitioner-appellant, Acquittal Appeal (C) No. 59 of 2019 is restored to its original file.
List Acquittal Appeal (C) No. 59 of 2019 after eight weeks before the appropriate Bench.
This criminal miscellaneous petition is disposed of accordingly.
Sonu-Gunjan/
1 issue framed by the court
Whether Acquittal Appeal (C) No. 59 of 2019 should be restored to the original file for hearing before its dismissal due to the appellant's absence.
Rinku Devi
The State of Jharkhand
ANIL KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
