Abhishek Yadav Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Abhishek Yadav Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Corrective modification granted: cause title of Cr.M.P. No.42 of 2021 inserted into the order dated 09.01.2025, recording its dismissal as infructuous alongside Cr.M.P. No.37 of 2021; remainder of the earlier order left intact; certified copy of this order to be issued together with the copy of the order dated 09.01.2025.

Issue for consideration

Whether the order dated 09.01.2025 — by which Cr.M.P. No.37 of 2021 and Cr.M.P. No.42 of 2021 were dismissed as infructuous — should be modified to insert the cause title of Cr.M.P. No.42 of 2021, omitted due to inadvertence.

Court's answer

The order dated 09.01.2025 is modified by inserting the cause title of Cr.M.P. No.42 of 2021, recording that Cr.M.P. No.42 of 2021 was also dismissed as infructuous along with Cr.M.P. No.37 of 2021.

Ratio / Principle

The modification is confined to the extent indicated; the rest of the order dated 09.01.2025 shall remain intact.

Key takeaways

A copy of this order is to be always issued along with the copy of the order dated 09.01.2025.ratio¶¶39

Detailed headnote1 paragraphs

CORRECTIONAL ORDER — High Court of Jharkhand, Ranchi (Pradeep Kumar Srivastava, J.), 17 February 2025: By order dated 09.01.2025, Cr.M.P. No.37 of 2021 (Surendra Paswan & ors. v. State of Jharkhand & anr.) and Cr.M.P. No.42 of 2021 (Abhishek Yadav & ors. v. State of Jharkhand & anr.) — reciprocal matters between members of the Paswan and Yadav households of Village-Makdiha, P.S.-Dhanwar, District-Giridih — stood dismissed as infructuous, but through inadvertence the cause title of Cr.M.P. No.42 of 2021 was left out of that order. On relisting pursuant to office note dated 11.02.2025, the Court modified the order dated 09.01.2025 by inserting the cause title of Cr.M.P. No.42 of 2021 and recording that it too was dismissed as infructuous; the rest of the earlier order was directed to remain intact; copies of both orders are to be issued together. Purely administrative correction — no statutory provision or precedent engaged and no ruling on merits.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. M.P. No. 37 of 2021

---------

1.Surendra Paswan age about 40 years S/o Late Kedar Paswan

Bahadur Paswan age about 50 years S/o Late Bharat Paswan

Vimla Devi age about 35 years W/o Surendra Paswan

Pradip Yadav age about 45 years S/o Tulsi Yadav

Khusbu Devi age about 42 years W/o Binod Paswan

Sunita Devi age about 43 years W/o Dilip Paswan

Binod Paswan age about 45 years S/o Late Bharat Paswan

Dilip Paswan age about 42 years S/o Late Bharat Paswan

R/o Village-Makdiha, P.O.-Kubri, P.S.-Dhanwar, District-Giridih

… … Petitioners

Versus

The State of Jharkhand

Sheo Narayan Yadav S/o Kamal Mahto R/o Village-Makdiha, P.O.-Kubri, P.S.-Dhanwar, District-Giridih …. …. Opposite Parties

With

Cr. M.P. No. 42 of 2021

---------

Abhishek Yadav aged about 32 years S/o Suresh Yadav

Sheo Narayan Yadav age about 46 years S/o Kamal Mahto

Nand Kishore Yadav age about 38 years S/o Kamal Mahto

4.Manju Devi age about 44 years W/o Sheo Narayan Yadav

Savita Devi age about 35years W/o Nand Kishore Yadav All are R/O Village-Makdiha, P.O.-Kubri, P.S.-Dhanwar, DistrictGiridih … … Petitioners

Versus

1.The State of Jharkhand

Surendra Paswan age about 40 years S/o Kedar Paswan R/o VillageMakdiha, P.O.-Kubri, P.S.-Dhanwar, District-Giridih

…. …. Opposite Parties

--------CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Petitioners	---------- : Mr. Arwind Kumar, Advocate
	[In Cr.M.P. No.37 of 2021]
	Mr. Manoj Kumar No.3, Advocate [In Cr.M.P. No.42 of 2021]
For the State	: Mr. Saurabh Sagar, AC to SC-III [In both cases]
For the O.P. No.2	: Mr. Shree Niwas Roy, Advocate [In Cr.M.P. No.37 of 2021]

2

Mr. Arwind Kumar, Advocate [In Cr.M.P. No.42 of 2021]

-----------

08/Dated: 17^th February, 2025

These cases have been listed at the instance of office note dated 11.02.2025.

It appears that in terms of the order dated 09.01.2025, both the cases i.e. Cr.M.P. No.37 of 2021 and Cr.M.P. No.42 of 2021 were dismissed as infructuous but due to inadvertence, the cause title of Cr.M.P. No.42 of 2021 has not been incorporated in the aforesaid order.

In view thereof, the order dated 09.01.2025 is modified by inserting the cause title of Cr.M.P. No.42 of 2021 as a matter of fact has also been dismissed as infructuous with aforesaid Cr.M.P. No.37 of 2021.

Accordingly, the order dated 09.01.2025 is modified to the extent as indicated hereinabove and the rest part of the said order shall remain intact.

Let a copy of this order be always issued along the copy of order dated 09.01.2025.

(Pradeep Kumar Srivastava, J.)

Pappu /-