Disposed

Hridaya Nand Prasad v. the State of Jharkhand

Jharkhand HC6 Nov 2020Cr.M.P./284/2020

Case brief

AI extract

What is this about?

Criminal miscellaneous petition filed for restoration of another criminal miscellaneous petition dismissed earlier for default. Petitioner obtained restoration upon paying costs to opposite party; petition disposed of.

What did the court decide?

Cr.M.P. No. 3720 of 2019 is restored to its original file on condition that petitioner pays Rs. 5,000 costs to O.P. No. 2 within six weeks.

Hridaya Nand Prasad Vs the State of Jharkhand — Criminal Trial and Appeal | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 284 of 2020

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Hridaya Nand 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. S.P. Sinha, Advocate For the State : Mrs. Nehala Sharmin, Addl. P.P. For O.P. No.2 : Mr. Kumar Nilesh, Advocate ------

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Order No.03 Dated- 06.11.2020

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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. 3720 of 2019 to its original file.

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Learned counsel for the petitioner submits that Cr.M.P. No. 3720 of 2019 was dismissed for non-filing of the supplementary affidavit within the stipulated time which was the fixed by peremptory order but as the Pairvikar of the petitioner had gone to his native place, the same could not be filed. 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. 3720 of 2019 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 3720 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 petitioner is lingering the proceeding by getting the criminal miscellaneous petition with an evil intention to harass the opposite party npo.2 hence, the opposite party no.2 should be compensated in terms of costs.

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Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 3720 of 2019 is restored to its

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original file subject to the condition of paying Rs.5,000/- as cost by the petitioner to the opposite party no.2 through his counsel appearing in the record within six weeks from today failing which, this conditional order shall not be given to and this criminal miscellaneous petition shall stand dismissed without further reference to the Bench.

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List Cr.M.P. No. 3720 of 2019 after a week before the appropriate Bench if the proof of payment of Rs.5,000/- as cost by the petitioner to the opposite party no.2 through his 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/

Hridaya Nand Prasad v. the State of Jharkhand

Case brief

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Hridaya Nand Prasad v. the State of Jharkhand

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