The High Court of Jharkhand restored Cr.M.P. No. 3408 of 2022 to the stage before its dismissal following the petitioner's deposit of the required legal deposit, rejecting the plea of paucity of funds.
Restored Cr.M.P. No. 3408 of 2022 to the stage before its dismissal.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2548 of 2024
Kamakhya Yadav @ Kemakhya Yadav
.... .... …. Petitioner
Versus
The State of Jharkhand .... .... .... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Ajeet Kr. Singh, Advocate For the State : Mr. Bhola Nath Ojha, Addl. P.P. ------
Order No.02 Dated- 06.09.2024
Heard the parties.
This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 3408 of 2022 to its original file.
Learned counsel for the petitioner submits that Cr.M.P. No. 3408 of 2022 was dismissed for non-compliance of the peremptory order of this Court to file a supplementary affidavit annexing therewith the proof of deposit of Rs.4,75,000/- with the Vananchal Gramin Bank, Satbarwa Branch, Palamau. It is next submitted that due to paucity of money, the petitioner could not deposit the said amount and hence he could not file the said supplementary affidavit within the stipulated time resulting in dismissal of this criminal miscellaneous petition. It is then submitted that the petitioner has deposited the aforesaid amount with the concerned bank and a copy of the receipt of the same duly issued by the concerned bank has been annexed as annexure-4 at page no.20 of the brief. It is next submitted that the petitioner has very good grounds to agitate in this Cr.M.P. No. 3408 of 2022 and unless Cr.M.P. No. 3408 of 2022 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 3408 of 2022 be restored to its original file.
Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 3408 of 2022 is restored to its original file to the stage at which, it was before its dismissal.
List Cr.M.P. No. 3408 of 2022 under the appropriate heading after a week.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
1 issue framed by the court
Whether the criminal miscellaneous petition to be restored to its original file after the petitioner deposited the required amount of Rs. 4,75,000/.
Kamakhya Yadav @ Kemakhya Yadav
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
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