The High Court restored Cr.M.P. No.3151 of 2019 to its original file upon the submission that the failure to file a supplementary affidavit was due to the clerk's mistake and not deliberate laches by the petitioner.
Restoration of Cr.M.P. No.3151 of 2019 to its original file.
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.301 of 2021
------
Ratnesh Kumar Kashyap @ Sonu Kumar
.... .... …. Petitioner
Versus
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Mahesh Tewari, Advocate For the ACB : Mr. Suraj Verma, Spl. P.P. For the O.P. No.2 : Mr. Vikram Singh, Adv. ------
Order No.05 Dated- 01.10.2021
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 Cr.M.P. No.3151 of 2019 to its original file which stood dismissed for noncompliance of the peremptory order dated 04.11.2020.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3151 of 2019 stood dismissed for non-compliance of the peremptory order dated 04.11.2020 for filing supplementary. It is next submitted that because of mistake of the advocate’s clerk, the supplementary affidavit could not be filed within stipulate time. It is further submitted that the laches on part of the petitioner was neither deliberate nor intentional. It is then submitted that the petitioner has very good grounds to agitate in the Cr.M.P. No.3151 of 2019 and unless Cr.M.P. No.3151 of 2019 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Cr.M.P. No.3151 of 2019 be restored to its original file.
Learned counsel appearing for opposite party no.2 has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner and the facts of this case Cr.M.P. No.3151 of 2019 is restored to its original file.
Registry is directed to list Cr.M.P. No.3151 of 2019 before the concerned Bench after a week.
This criminal miscellaneous petition is disposed of accordingly.
Pappu/
1 issue framed by the court
Whether Cr.M.P. No.3151 of 2019 should be restored to its original file after dismissal for non-compliance of peremptory order.
1 provisions across 1 enactments
Ratnesh Kumar Kashyap @ Sonu Kumar
The State of Jharkhand through ACB
Uma Shankar Prasad
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
