Petitioner sought restoration of Cr.M.P. No.570 of 2023 dismissed for non-prosecution on 11.09.2023 due to clerk's failure to mark cause list. Court restored the matter to file.
Cr.M.P. No.570 of 2023 restored to original file at same stage as before dismissal to be listed before concerned Bench.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No.3136 of 2023
Basant Prasad … Petitioner Versus 1. The State of Jharkhand … 2. Baleshwar Bedia Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Ms. Nanda Kumari, Advocate For the State : Mr. Vineet Kr. Vashistha, Spl.P.P. For the O.P. No.2 : Mr. Dhirendra Kr. Deo, Advocate
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Order No.02 Dated- 06/10/2023
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.570 of 2023 to its original file which stood dismissed for non-prosecution vide order dated 11.09.2023 passed by this Court.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.570 of 2023 stood dismissed for non-prosecution vide order dated 11.09.2023 passed by this Court. It is next submitted that the advocate’s clerk could not mark the cause list, hence, the counsel for the petitioner could not appear before this Court on 11.09.2023 resulting in dismissal of the said Cr.M.P. No.570 of 2023 for non-prosecution. It is next submitted that nonprosecution before this Court on 11.09.2023 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.570 of 2023 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.570 of 2023 be restored to its original file.
Learned Spl.P.P. appearing for the State being assisted by the learned counsel for the opposite party No.2 have not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.570 of 2023 is directed to be restored to its original file at the same stage at which it was before its dismissal.
Registry is directed to list Cr.M.P. No.570 of 2023 before the concerned
Bench after a week.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J . )
Animesh/
1 issue framed by the court
Whether Cr.M.P. No.570 of 2023, dismissed for non-prosecution due to counsel's inability to appear, should be restored to its file.
Basant Prasad
The State of Jharkhand
Baleshwar Bedia
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
