Petitioner sought restoration of abandoned criminal appeal dismissed for non-compliance due to counsel's COVID-19 illness. Court allowed restoration conditionally pending supplementary affidavit.
A.B.A. No. 4774 of 2020 restored to original file subject to filing of supplementary affidavit regarding criminal antecedents within two weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No.104 of 2021
Deva Mahto … Petitioner
Versus
The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Sanjay Kumar Pandey-2, Adv. For the State : Mr. P.K. Chatterjee, Addl. P.P.
05/05.03.2021 Heard the parties through video conferencing.
This criminal miscellaneous petition has been filed under Section 482 of Code of Criminal Procedure by the petitioner with a prayer for restoration of A.B.A. No.4774 of 2020 to its original file which stood dismissed for non-compliance of the peremptory order dated 23.11.2020.
It is submitted by the learned counsel for the petitioner that A.B.A. No.4774 of 2020 stood dismissed for non-compliance of the peremptory order dated 23.11.2020 for bringing the criminal antecedents of the petitioner. Learned counsel for the petitioner submits that Mr. Sanjay Kumar, Advocate of the petitioner in the court below was suffering from Covid-19 pandemic due to which he could not contact the petitioner of the said A.B.A. No.4774 of 2020, but after recovery from Covid-19 pandemic, now he contacted the petitioner. It is then submitted that the petitioner has very good grounds to agitate in the said A.B.A. No.4774 of 2020 and unless A.B.A. No.4774 of 2020 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that A.B.A. No.4774 of 2020 be restored to its original file.
Learned Addl.P.P appearing for the State has not raised any serious objection.
Considering the aforesaid facts, A.B.A. No.4774 of 2020 is directed to be restored to its original file subject to the condition that the petitioner files the supplementary affidavit regarding the criminal antecedent of the petitioner of A.B.A. No.4774 of 2020
within two weeks from today, failing which, this conditional order shall not be given effect to and A.B.A. No.4774 of 2020 shall remain dismissed.
In case the petitioner files supplementary affidavit regarding the criminal antecedent of the petitioner of A.B.A. No.4774 of 2020 within two weeks from today then Registry is directed to list A.B.A. No.4774 of 2020 before the concerned Bench after two weeks.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.)
Pappu/
1 provisions across 1 enactments
Deva Mahto
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
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