Partly allowed

Suresh Prasad v. the State of Jharkhand

Jharkhand HC9 Oct 2020Cr.M.P./176/2020

Case brief

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What is this about?

The High Court restored Cr.M.P. No. 1072 of 2019 to its original file on the petitioner’s prayer, conditioned on payment of Rs. 1500 as cost to the opposite party within eight weeks, otherwise dismissing the petition.

What did the court decide?

Restoration of Cr.M.P. No. 1072 of 2019 to original file on condition of payment of Rs. 1500 as cost to opposite party No. 2 within eight weeks.

Suresh Prasad Vs the State of Jharkhand — Jharkhand HC (2020) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 176 of 2020

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Suresh Prasad … Petitioner

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Versus The State of Jharkhand & Anr. … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. M.K. Sinha, Advocate For the State : Mr. Shekhar Sinha, P.P. For O.P. No.2 : Mr. R.K. Singh, Advocate ------

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Order No.03 Dated- 09.10.2020

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Heard the parties through video conferencing.

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This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 1072 of 2019 to its original file.

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Learned counsel for the petitioner submits that Cr.M.P. No. 1072 of 2019 was dismissed for non-prosecution. It is next submitted that because of some unavoidable circumstance, learned counsel for the petitioner could not appear when the case was called out. It is next submitted that the petitioner has very good grounds to agitate in the said criminal miscellaneous petition and unless Cr.M.P. No. 1072 of 2019 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 1072 of 2019 be restored to its original file.

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Learned Addl. P.P. has no serious objection to the prayer for restoration.

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Learned counsel for the opposite party no.2 submits that the opposite party no.2 has unnecessarily being harassed and she should be compensated in terms of money

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Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 1072 of 2019 is restored to its original file subject to the condition of paying Rs.1500/- as cost by the petitioner to the opposite party no.2 through her counsel appearing in the record within eight weeks from today failing

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which, this conditional order shall not be given effect to and this criminal miscellaneous petition shall stand dismissed without further reference to the Bench.

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List Cr.M.P. No. 1072 of 2019 after a week before the appropriate Bench if the proof of payment of Rs.1500/- as cost by the petitioner to the opposite party no.2 through her counsel appearing in the record petitioner is filed.

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This criminal miscellaneous petition is disposed of accordingly.

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(Anil Kumar Choudhary, J . )

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Sonu-Gunjan/

Suresh Prasad v. the State of Jharkhand

Case brief

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Suresh Prasad v. the State of Jharkhand

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