Criminal miscellaneous petition under Section 482 CrPC seeking restoration of admission bail application dismissed earlier for non-compliance. Leave granted to restore file subject to removal of defects within two weeks.
Conditional order directing restoration of ABA No.5467 of 2020 to original file if defects are removed within two weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No.58 of 2021
Ezaz Ansari … Petitioner
Versus
The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Pravin Kr. Rana, 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.5467 of 2020 to its original file which stood dismissed for non-compliance of the peremptory order dated 03.11.2020.
It is submitted by the learned counsel for the petitioner that A.B.A. No.5467 of 2020 stood dismissed for non-compliance of the peremptory order dated 03.11.2020 for removing the defects. Learned counsel for the petitioner submits that the petitioner has already removed the defects pointed out by the stamp reporter in A.B.A. No.5467 of 2020. It is then submitted that the petitioner has very good grounds to agitate in the A.B.A. No.5467 of 2020 and unless A.B.A. No.5467 of 2020 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that A.B.A. No.5467 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.5467 of 2020 is directed to be restored to its original file subject to the condition the petitioner removes all the defects pointed out by the stamp reporter in A.B.A. No.5467 of 2020 within two weeks from today, failing which, this conditional order shall not be given effect to and A.B.A. No.5467 of 2020 shall remain dismissed.
In case the petitioner removes the defects pointed out by the stamp reporter in A.B.A. No.5467 of 2020 within two weeks from today, then Registry is directed to list A.B.A. No.5467 of 2020 before the concerned Bench after two weeks.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.)
Pappu/
1 issue framed by the court
Whether the amended admission bail application should be restored to file on removal of defects.
1 provisions across 1 enactments
Ezaz Ansari
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
