Disposed

Siddhartha Kumar Brahmacharya Alias Siddharth Kumar Brahmchari v. the State of Jharkhand

Jharkhand HC14 Jun 2024Cr.M.P./2429/2023

Case brief

AI extract

What is this about?

Petition seeking restoration of Cr.M.P. No.856 of 2023, dismissed for non-prosecution when the petitioner's counsel could not appear. No objection from the State or opposite party. The Court restored the petition to its original file at the same stage and directed listing before the concerned Bench after a week.

What did the court decide?

Cr.M.P. No.856 of 2023 restored to its original file at the same stage and directed to be listed before the concerned Bench.

Siddhartha Kumar Brahmacharya Alias… — Civil Procedure and Limitation | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2429 of 2023

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Siddhartha Kumar Brahmchary @ Sidharth Kumar Brahamchari

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… Petitioner

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The State of Jharkhand … 2. Munna Prasad Singh Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Shailesh Kr. Singh, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl.P.P. For the O.P. No. : Mr. Arun Kumar, Advocate

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------

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Order No:-03 Dated:-14-06-2024

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Heard the parties.

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This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.856 of 2023 to its original file which stood dismissed for non-prosecution on 12.05.2023.

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It is submitted by the learned counsel for the petitioner that Cr.M.P. No.856 of 2023 stood dismissed for non-prosecution on 12.05.2023. It is next submitted that the concerned lawyer of the petitioner had to leave the court premises on 12.05.2023 due to some personal reasons, hence, none appeared before this Court when the said Cr.M.P. No.856 of 2023 was called out resulting in dismissal of the said Cr.M.P. No.856 of 2023. It is next submitted that non-prosecution before this Court on 12.05.2023 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.856 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.856 of 2023 be restored to its original file.

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Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 have not raised any serious objection.

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Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.856 of 2023 is directed to be restored to its original file at the same stage at which it was before its dismissal.

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Registry is directed to list Cr.M.P. No.856 of 2023 before the concerned Bench after a week.

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This criminal miscellaneous petition is disposed of accordingly.

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(Anil Kumar Choudhary, J . )

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Animesh/

Siddhartha Kumar Brahmacharya Alias Siddharth Kumar Brahmchari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Siddhartha Kumar Brahmacharya Alias Siddharth Kumar Brahmchari v. the State of Jharkhand

Case brief

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What did the court decide?

What the court decided

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