The High Court allowed a petition to restore a previously dismissed criminal miscellaneous application. The court directed the petitioners to file requisites by a specified date upon payment of costs.
Restoration of Cr. M.P. No. 2689 of 2019 upon filing requisites by 6th March 2020 and payment of Rs. 2000/-
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 382 of 2020
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. J.K.Mazumdar, Advocate For the State : A.P.P.
4/03.03.2020 Heard the parties.
By filing this application prayer has been made for restoration of Cr.M.P. No. 2689 of 2019, which stood dismissed on 18.12.2019, due to non-compliance of the peremptory order dated 10.12.2019.
It appears that in Cr. M.P. No. 2689 of 2019, an order was passed on 10.12.2019 for issuing notice on O.P. No. 2 after granting interim order of stay in favour of the petitioners. Since the requisites were not filed within the peremptory time, said application stood dismissed on 18.12.2019.
This criminal miscellaneous petition has been filed on 06.02.2020. It has been mentioned therein that due to inadvertence and due to slip of mind of the clerk, requisites could not be filed within time.
Learned counsel for the petitioners submits that no sooner this application is allowed and Cr. M.P. No. 2689 of 2019 is restored, she will file the necessary requisites.
Keeping in view the aforesaid submission, I direct the petitioners to file the requisites by 6th March, 2020 in Cr. M.P. No. 2689 of 2019. If the same is filed by 6th March, 2020, Cr.M.P. No. 2689 of 2019 is restored to its original file, subject to payment of cost of Rs. 2000/- (two thousand only), to be deposited with the Account of Jharkhand High Court Advocates’ Clerk Association.
Thus, this criminal miscellaneous petition stands allowed.
Mukund/-cp.3
1 issue framed by the court
Whether Cr. M.P. No. 2689 of 2019 should be restored despite non-compliance with a previous peremptory order due to clerical error?
Vidya Sagar Paswan
Jitendra Sharma
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
