Allowed¶13

Pradeep Mahto Alias Pradeep Kumar Mahto Alias Chhabi Mahto v. the State of Jharkhand

Jharkhand HC5 Jan 2024Cr.M.P./436/2023

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; Cr.M.P. No. 436 of 2023; single Bench of Anil Kumar Choudhary, J.; Order dated 05.01.2024. Keywords: restoration of case dismissed for non-compliance of peremptory order; supplementary affidavit not filed within stipulated time; conditional restoration subject to Rs.20,000/- costs to opposite party no.2; automatic dismissal of restoration petition on default; listing of restored matter before appropriate Bench.

What did the court decide?

Restoration of Cr.M.P. No. 2706 of 2022 to its original file to the pre-dismissal stage, conditional on payment of Rs.20,000/- costs to opposite party no.2 within six weeks; on default, the present petition stands dismissed automatically. ¶13

Pradeep Mahto Alias Pradeep Kumar Mahto Alias Chhabi Mahto Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 436 of 2023

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Pradeep Mahto @ Pradeep Kumar Mahto @ Chhabi Mahto

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… Petitioner

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Versus The State of Jharkhand & Anr. … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Mahesh Tewari, Advocate For the State : Mrs. Mohua Palit, Addl. P.P. For O.P. No.2 : Mr. Madhav Prasad, Advocate : Mr. Manoj Kr. Choubey, Advocate ------

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Order No.05 Dated- 05.01.2024

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Heard the parties.

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This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 2706 of 2022 to its original file.

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Learned counsel for the petitioner submits that Cr.M.P. No. 2706 of 2022 was dismissed for non-compliance of peremptory order. It is next submitted that within the stipulated time, supplementary affidavit could not be filed hence, the same resulted in dismissal of Cr.M.P. No. 2706 of 2022. It is further submitted that the petitioner has very good grounds to agitate in this Cr.M.P. No. 2706 of 2022 and unless Cr.M.P. No. 2706 of 2022 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 2706 of 2022 be restored to its original file.

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Learned counsel for the opposite party no.2 submits that the petitioner is deliberately delaying the matter and harassing the opposite party no.2 by lingering the same. Hence, the opposite party no.2 be adequately compensated with costs.

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Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 2706 of 2022 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.20,000/- by the petitioner to the opposite party no.2 within six weeks, failing which, this conditional order

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shall not be given effect to and this criminal miscellaneous petition shall stand dismissed without further reference to the Bench.

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In case, the petitioner files the proof of payment of costs of Rs.20,000/- by the petitioner to the opposite party no.2 within six weeks, list Cr.M.P. No. 2706 of 2022 under the appropriate heading after a week before the appropriate Bench.

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(Anil Kumar Choudhary, J . )

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Sonu-Gunjan/

Pradeep Mahto Alias Pradeep Kumar Mahto Alias Chhabi Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pradeep Mahto Alias Pradeep Kumar Mahto Alias Chhabi Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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