The High Court of Jharkhand allowed a criminal miscellaneous petition seeking restoration of a prior dismissed petition, subject to compliance of conditions within a week.
Restoration of Cr. M.P. No. 1938 of 2019 to file with a condition to remove defects within a week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 336 of 2020
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Sanjay Kumar
Petitioner
-versus-
Opposite Parties
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CORAM : HON’BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Vinay Kumar, Advocate For the State : Mr. Sandip Kumar Burnwal, A.P.P.
4/ 26.02.2020 Petitioner through this criminal miscellaneous petition prays for restoration of Cr. M.P. No.1938 of 2019, which stood dismissed for noncompliance of peremptory order dated 03.12.2019.
After going through the petition, being satisfied with the grounds shown, I am inclined to allow this petition. Cr. M.P. No.1938 of 2019 is ordered to be restored to its original file, subject to the condition that the defects in Cr. M.P. No.1938 of 2019 should be removed within a week, failing which the said Cr. M.P. No.1938 of 2019 will stand dismissed for non-prosecution.
This criminal miscellaneous petition (Cr. M.P. No.336 of 2020), accordingly, stands allowed.
( Ananda Sen, J.)
Kumar/Cp-03
2 issues framed by the court
Whether the criminal miscellaneous petition should be restored to the original file.
Whether defects in the prior petition must be removed within a specified timeframe.
Sanjay Kumar
The State of Jharkhand
Smt. Suman Kumari
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
