Criminal miscellaneous petition filed under Section 482 CrPC seeking restoration of an ABA dismissed earlier for non-compliance. Court directed restoration conditional on removal of defects within two weeks.
ABA No.5443 of 2020 restored to original file subject to removal of defects within two weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No.76 of 2021
Dil Mohammad … 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.D. Agrawal, 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.5443 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.5443 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.5443 of 2020. It is then submitted that the petitioner has very good grounds to agitate in the said A.B.A. No.5443 of 2020 and unless A.B.A. No.5443 of 2020 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that A.B.A. No.5443 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.5443 of 2020 is directed to be restored to its original file subject to the condition that the petitioner removes all the defects pointed out by the stamp reporter in A.B.A. No.5443 of 2020 within two weeks from today, failing which, this conditional order shall not be given effect to and A.B.A. No.5443 of 2020 shall remain dismissed.
In case the petitioner removes the defects pointed out by the stamp reporter in A.B.A. No.5443 of 2020 within two weeks from today then Registry is directed to list A.B.A. No.5443 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 anticrime branch application should be restored to original file upon removal of defects.
1 provisions across 1 enactments
Dil Mohammad
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
