Single-judge court restored W.P.(Cr.) No. 240/2005 to its original file, accepting the petitioner's explanation for non-appearance due to a non-functional display board.
W.P.(Cr.) No. 240/2005 restored to its original file.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 885 of 2018
Swami Vivekanand Seva Trust, Bistupur, Jamshedpur .... Petitioner(s).
… Opp. Party(s).
CORAM : HON'BLE MR. JUSTICE ANANDA SEN . Through: Video Conferencing -----For the Petitioner(s) : Mr. Pandey Neeraj Rai, Advocate. For the UOI : Mr. Binod Singh, Advocate. For private Opp. Party : Mr. Shankar Lal Agarwal, Advocate.
03/11.12.2020: This application has been filed for restoration of W.P.(Cr.) No. 240/2005, which was dismissed for non-prosecution on 2.2.2018.
Counsel for the petitioner submits that when the matter was called out, he could not appear before the Court, as the Display Board was not functioning properly on 2.2.2018. He has also mentioned the reasons for not appearing before the Court in para 4 of this petition.
Considering the explanation, mentioned in para 4 of this petition, I am inclined to allow this petition. Accordingly, this petition is allowed . Consequently, W.P(Cr.) No. 240/2005 is restored to its original file.
(ANANDA SEN, J.)
Anu/C.P.-3
2 issues framed by the court
Whether the petitioner's explanation for non-appearance warrants restoration of the writ petition.
Whether the impugned order dismissing the writ petition due to non-prosecution is set aside.
Swami Vivekanand Seva Trust, Bistupur, Jamshedpur
Union of India through the Secretary, Ministry of Tribal Affairs, Govt of India, New Delhi
Secretary, Ministry of Tribal Affairs, Govt. of India, New Delhi
Saroj Kumar Das
Manager, Union Bank of India, Tinplate Branch, Jamshedpur
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
