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Deepak Rajak v. the State of Jharkhand

Jharkhand HC9 Oct 2020Cr.M.P./194/2020

Case brief

AI extract

What is this about?

This order restored an anticipatory bail application to its original file subject to a condition. The petitioner was ordered to pay Rs.1500 to the opposite party as compensation for harassment within eight weeks, or the order would become void.

What did the court decide?

Restoration of A.B.A. No. 8024 of 2019 to original file subject to payment of Rs.1500/- compensation within eight weeks.

Deepak Rajak Vs the State of Jharkhand — Civil Procedure and Limitation | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 194 of 2020

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Deepak Rajak … Petitioner Versus

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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. Rishu Ranjan, Advocate For the State : Mr. Tapas Roy, Addl. P.P. For O.P. No.2 : Mr. B.N. Rajak, Advocate ------

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Order No.05 Dated- 09.10.2020

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Heard the parties through video conferencing.

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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 A.B.A. No. 8024 of 2019 to its original file.

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Learned counsel for the petitioner submits that A.B.A. No. 8024 of 2019 was dismissed for non-filing of the requisites within a week the time for which was the fixed by a peremptory order but as because the Advocate’s clerk missed the file, the same could not be filed. It is next submitted that the petitioner has very good grounds to agitate in the said anticipatory bail application and unless A.B.A. No. 8024 of 2019 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the A.B.A. No. 8024 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, A.B.A. No. 8024 of 2019 is restored to its

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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 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 A.B.A. No. 8024 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/

Deepak Rajak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Deepak Rajak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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