The High Court of Jharkhand restored Cr.M.P. No. 2189 of 2022 to its original file and directed it to be listed for hearing, accepting the petitioner's submission of filing a supplementary affidavit.
Cr.M.P. No. 2189 of 2022 is restored to its original file to the stage at which it was before its dismissal and listed for hearing.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 52 of 2023
Shiv Prakash … Petitioner
Versus The State of Jharkhand & Anr. … Opposite Parties
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Arun Kumar, Advocate For the State : Mr. A.P. Topno, Addl. P.P. ------
Order No.03 Dated- 03.03.2023
Heard the parties.
This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 2189 of 2022 to its original file.
Learned counsel for the petitioner submits that Cr.M.P. No. 2189 of 2022 was dismissed for non-compliance of the peremptory order of filing supplementary affidavit. It is further submitted by the learned counsel for the petitioner that the learned counsel for the petitioner has filed the said supplementary affidavit. It is next submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No. 2189 of 2022 and unless Cr.M.P. No. 2189 of 2022 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 2189 of 2022 be restored to its original file.
Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 2189 of 2022 is restored to its original file to the stage at which, it was before its dismissal.
List Cr.M.P. No. 2189 of 2022 under the appropriate heading after a week.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
1 issue framed by the court
Whether a criminal miscellaneous petition dismissed for non-filing of supplementary affidavit should be restored upon subsequent filing.
Shiv Prakash
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
