The High Court restored an Accused's Appeal to its original file for removal of defects. The petitioners explained miscommunication prevented timely compliance. The court directed restoration and listing for hearing after a week.
Accused's Appeal No.4397 of 2019 restored to original file; listed after a week.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No.580 of 2021
… Petitioners
Versus
… 2. Sajma Khatoon Opposite Parties ------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Vishal Kumar, Advocate For the State : Ms. Niki Sinha, Addl. P.P.
------
Order No.05 Dated- 24.09.2021
Heard the parties through video conferencing.
This criminal miscellaneous petition has been filed by the petitioners with a prayer for restoration of A.B.A. No.4397 of 2019 to its original file which stood dismissed for noncompliance of the peremptory order dated 28.08.2019.
It is submitted by the learned counsel for the petitioners that A.B.A. No.4397 of 2019 stood dismissed for non-compliance of the peremptory order dated 28.08.2019 for removing the defects. Learned counsel for the petitioners submits that because of miscommunication by the advocate’s clerk, he could not hear the order properly and the defects pointed out in A.B.A. No.4397 of 2019 could not be removed within the stipulated time which resulted in dismissal of the said A.B.A. No.4397 of 2019. Learned counsel for the petitioners undertake to remove the defects pointed out in A.B.A. No.4397 of 2019. It is also submitted that the laches on the part of the petitioners were neither deliberate nor intentional. It is next submitted that the petitioners have very good grounds to agitate in the said A.B.A. No.4397 of 2019 and unless A.B.A. No.4397 of 2019 is restored to its original file the petitioners will be highly prejudiced. Hence, it is submitted that the A.B.A. No.4397 of 2019 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 petitioners, A.B.A. No.4397 of 2019 is directed to be restored to its original file.
Registry is directed to list A.B.A. No.4397 of 2019 before the concerned Bench after a week at the same stage at which it was before its dismissal.
This criminal miscellaneous petition is disposed of accordingly.
Animesh/
1 issue framed by the court
Whether the accused appeals shall be restored to their original file for removal of defects.
Md. Mukhtar @ Gajni Ansari @ Md. Mukhtar Ansari
Md. Fajlu @ Fazlu Ansari @ Chand Rashid @ Md. Fajlu Ansari
Md. Sahil @ Sharfaraj @ Sarfaraj Ahmad @ Md. Sharfaraj
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
