Petitioner sought restoration of Cr.M.P. No.1798 of 2020 dismissed for non-compliance regarding a supplementary affidavit and demand draft. Court restored the matter to original file and listed for hearing.
Cr.M.P. No.1798 of 2020 directed to be restored to its original file and listed after 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.551 of 2021
Bipin Deo Sinha … Petitioner
Versus
… Singhbhum, Jharkhand Opposite Parties------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ankit Vishal, Advocate For the State : Mr. Nawin Kr. Singh, Addl. P.P.
------
Order No.03 Dated- 24.09.2021
Heard the parties through video conferencing.
This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.1798 of 2020 to its original file which stood dismissed for non-compliance of the peremptory order dated 09.10.2020.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.1798 of 2020 stood dismissed for non-compliance of the peremptory order dated 09.10.2020 for filing the supplementary affidavit annexing therewith the copy of demand draft of Rs.30,00,000/-. Learned counsel for the petitioner submits that the petitioner could not arrange money to prepare the said demand draft and hence, the said supplementary affidavit could not be filed within the stipulated time which resulted in dismissal of the said Cr.M.P. No.1798 of 2020. It is next submitted that the said supplementary affidavit has already been filed. It is also submitted that the laches on the part of the petitioner were neither deliberate nor intentional. It is next submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.1798 of 2020 and unless Cr.M.P. No.1798 of 2020 is restored to its original file the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.1798 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 submission of the learned counsel for the petitioner, Cr.M.P. No.1798 of 2020 is directed to be restored to its original file.
Registry is directed to list Cr.M.P. No.1798 of 2020 before the concerned Bench after a week.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J . )
Animesh/
Bipin Deo Sinha
The State of Jharkhand
Project Director, Integrated Schedule Tribe Development Agency, East Singhbhum, Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court