Madan Mohan Singh v. the State of Jharkhand

Jharkhand HC10 Jan 2025Cr.M.P./464/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; Cr.M.P. No.464 of 2024; Order No.-03 dated 10-01-2025; Anil Kumar Choudhary, J.; Madan Mohan Singh v. The State of Jharkhand & Anr.; restoration of Cr.M.P. No.2421 of 2023 dismissed for non-compliance of peremptory order dated 09.01.2024; requisites for service of notice not filed; default neither deliberate nor intentional; restoration to original file at same stage; counter-affidavit within four weeks; petition disposed of.

What did the court decide?

Restoration of Cr.M.P. No.2421 of 2023 to its original file at the same stage as before its dismissal; listing after four weeks; counter-affidavit permitted within four weeks. ¶¶20

Madan Mohan Singh Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Restoration of Cr.M.P. No.2421 of 2023 to its original file at the same stage as before its dismissal; listing after four weeks; counter-affidavit permitted within four weeks.

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Issue for consideration

Whether Cr.M.P. No.2421 of 2023, dismissed for non-compliance of the peremptory order dated 09.01.2024, should be restored to the original file of the High Court.

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Ratio / Principle

On consideration of the petitioner's submissions (that non-filing of requisites was neither deliberate nor intentional) and in the absence of any serious objection by the State or opposite party No.2, Cr.M.P. No.2421 of 2023 is restored to its original file at the same stage at which it stood before dismissal.

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Key takeaways

Registry directed to list the restored Cr.M.P. No.2421 of 2023 before the concerned Bench after four weeks.ratio¶¶19
Petitioner to supply a copy of the petition with annexures of Cr.M.P. No.2421 of 2023 to opposite party No.2's counsel within a week; time granted and opposite party No.2 directed to file counter-affidavit in Cr.M.P. No.2421 of 2023 within four weeks.ratio¶¶25

Detailed headnote1 paragraphs

Restoration — Petition dismissed for non-compliance of peremptory order. The petitioner sought restoration of Cr.M.P. No.2421 of 2023, which stood dismissed for non-compliance of the peremptory order dated 09.01.2024 requiring filing of requisites for service of notice upon opposite party No.2 within two weeks. Counsel submitted the default was neither deliberate nor intentional and that the petitioner had good grounds to agitate; the State and opposite party No.2 raised no serious objection. Held, Cr.M.P. No.2421 of 2023 was directed to be restored to its original file at the same stage at which it stood before dismissal; Registry to list it after four weeks; petitioner to supply a copy of the petition with annexures to opposite party No.2's counsel within a week and opposite party No.2 at liberty to file counter-affidavit within four weeks. Petition disposed of accordingly. (Paras 14–25)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.464 of 2024

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Madan Mohan Singh, aged about 57 years, S/o Tejnarayan Singh, R/o Prabhu Dwar, Nirala Path, Baridih Basti, P.O. & P.S.- Baridih, Jamshedpur, District- East Singhbhum.

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… Petitioner

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Versus

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The State of Jharkhand

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Jitendra Prasad Singh, S/o Girija Prasad, working as Regional Officer- Jharkhand State Pollution Control Board, having office at MB/15, New Housing Colony, Adityapur, P.O. & P.S.- Adityapur, District- Saraikella Kharsawan.

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… Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Gaurang Jajodia, Advocate Mr. Avilash Kumar, Advocate For the State : Ms. Kumari Rashmi, Addl.P.P. For the O.P. No.2 : Mr. Bhanu Kumar, Advocate

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Order No:-03 Dated:-10-01-2025

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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.2421 of 2023 to its original file which stood dismissed for non-compliance of peremptory order dated 09.01.2024.

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It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2421 of 2023 stood dismissed for non-compliance of peremptory order dated 09.01.2024. It is next submitted that Cr.M.P. No.2421 of 2023 was listed before this Bench and the petitioner was directed to file requisites for service of notice upon the opposite party No.2 within two weeks but the petitioner could not file the said requisites within the peremptory period which resulted in dismissal of Cr.M.P. No.2421 of 2023. It is next submitted that non filing of the said requisites by the petitioner 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.2421 of 2023 and unless the same is restored to its original file, the

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petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.2421 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.2421 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.2421 of 2023 before the concerned Bench after four weeks.

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This Criminal Miscellaneous Petition is disposed of accordingly.

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Learned counsel for the opposite party No.2 submits that the petitioner be directed to serve a copy of the petition along with the annexures of Cr.M.P. No.2421 of 2023.

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Learned counsel for the petitioner submits that the same will be supplied by the petitioner to the learned counsel for the opposite party No.2 within a week.

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Learned counsel for the opposite party No.2 prays for time to file a counter-affidavit in Cr.M.P. No.2421 of 2023.

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Prayer for time is allowed.

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The opposite party No.2 is directed to file the said counter-affidavit in Cr.M.P. No.2421 of 2023 within four weeks.

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(Anil Kumar Choudhary, J . )

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Saroj/

Madan Mohan Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Madan Mohan Singh 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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Coram

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