MD Sakir Alias Chunna Alias Shakir Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

MD Sakir Alias Chunna Alias Shakir Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Restoration of W.P. (Cr.) No. 1120 of 2023 to its original file at the pre-dismissal stage, subject to removal of the stamp reporter's defect at serial no.9 (ix) within a week; on compliance the writ petition is to be listed under the appropriate heading after a week, and on failure the restoration is void and this Cr.M.P. stands dismissed without further reference to the Bench.

Issue for consideration

Whether W.P. (Cr.) No. 1120 of 2023, dismissed for non-compliance of the peremptory order of this Court, should be restored to its original file.

Court's answer

Upon considering the submissions of counsel for the petitioner, the Court restored W.P. (Cr.) No. 1120 of 2023 to its original file, at the stage at which it stood immediately before its dismissal.

Ratio / Principle

The restoration is conditional: the stamp reporter's defect at serial no.9 (ix) must be removed within a week from the date of the order; failing which the restoration will not be given effect to and the present criminal miscellaneous petition will stand dismissed automatically, without further reference to the Bench.

Detailed headnote1 paragraphs

JHARKHAND HIGH COURT (Ranchi) — Cr.M.P. No. 152 of 2024 — Order No.03 dated 02.02.2024 — Coram: Anil Kumar Choudhary, J. Petitioner Md. Sakir @ Chunna @ Shakir sought restoration of W.P. (Cr.) No. 1120 of 2023, which had been dismissed for non-compliance of the Court's peremptory order owing to non-removal of a stamp reporter's defect at serial no.9 (ix). Senior counsel P.P.N. Roy pleaded unavoidable circumstances for the lapse and prejudice to the petitioner if the writ petition were not revived. The Court restored W.P. (Cr.) No. 1120 of 2023 to its original file at the stage prevailing before dismissal, but made the restoration strictly conditional: the defect had to be cured within one week of the order; otherwise the restoration would take no effect and the present Cr.M.P. would stand dismissed automatically without further reference to the Bench. On compliance, the writ petition was directed to be listed under the appropriate heading after a week. No statutory references or precedent citations occur in the order.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 152 of 2024

Md. Sakir @ Chunna @ Shakir … Petitioner

Versus

The State of Jharkhand & Anr. … Opposite Parties

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. P.P.N. Roy, Sr. Advocate : Mr. R.P. Ram, Advocate For the State : Mr. M.L. Yadav, SC (L&C)-II ------

Order No.03 Dated- 02.02.2024

Heard the parties.

This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of W.P. (Cr.) No. 1120 of 2023 to its original file.

Learned Senior Advocate appearing for the petitioner submits that W.P. (Cr.) No. 1120 of 2023 was dismissed for non-compliance of the peremptory order of this Court. It is next submitted that due to some unavoidable circumstances, the peremptory order could not be complied with. It is next submitted that the petitioner has very good grounds to agitate in the said W.P. (Cr.) No. 1120 of 2023 and unless W.P. (Cr.) No. 1120 of 2023 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the W.P. (Cr.) No. 1120 of 2023 be restored to its original file.

Considering the aforesaid submission of the learned counsel for the petitioner, W.P. (Cr.) No. 1120 of 2023 is restored to its original file to the stage at which, it was before its dismissal.

The defect pointed out by the stamp reporter at serial no.9 (ix) for non-removal of which, W.P. (Cr.) No. 1120 of 2023 was dismissed be removed within a week from the date of this order, failing which the order of restoration of W.P. (Cr.) No. 1120 of 2023 shall not be given effect to and this criminal miscellaneous petition shall stand dismissed without further reference to the Bench.

List W.P. (Cr.) No. 1120 of 2023 under the appropriate heading after a week if the defect as pointed out by the stamp reporter at serial no.9 (ix) is removed within a week.

(Anil Kumar Choudhary, J . )

Sonu-Gunjan/