Disposed¶19

Dilip Kumar v. the State of Jharkhand

Jharkhand HC23 Apr 2025Cr.M.P./621/2025

Case brief

AI extract

What is this about?

Restoration of dismissed criminal revision; non-compliance of peremptory order dated 03.05.2024; dismissal on 17.05.2024; removal of defects; surrender certificate defect; sentence of three months served; release on 23.04.2020; order dated 24.01.2020; Complaint Case No. 1259 of 2017; Criminal Revision No. 402 of 2020; Cr. M.P. No. 621 of 2025; High Court of Jharkhand at Ranchi; Justice Anubha Rawat Choudhary; petition disposed of.

What did the court decide?

Restoration of Criminal Revision No. 402 of 2020 to its original file, to be placed before the appropriate Bench as per roster, with the fact of the petitioner having served the sentence to be brought on record. ¶19

Dilip Kumar Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

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2025:JHHC:13002

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. M.P. No. 621 of 2025

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Dilip Kumar aged about 34 years, son of Suresh Sao, resident of village- Hurhuru, P.O. & P.S.- Sadar, District- Hazaribag.

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Versus

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The State of Jharkhand

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Suresh Gope, aged about 43 years, son of Kesho Gope, resident of village- Hurhuru, P.O. & P.S.- Sadar, District- Hazaribag.

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… … Opposite Parties

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : None For the State : Mr. Subodh Kr. Dubey, Advocate ---

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06/ 23.04.2025 Nobody appears on behalf of the petitioner.

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2. This criminal miscellaneous petition has been filed for restoration of Criminal Revision No. 402 of 2020 which stood dismissed on 17.05.2024 on account of non-compliance of peremptory order dated 03.05.2024.

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3. Learned counsel for the opposite party - State is present. He has submitted that due to some confusion, he has not filed affidavit in terms of the last order upon verification of the custody of the petitioner in connection with Complaint Case No. 1259 of 2017.

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4. However, after going through the materials on record, this Court finds that one of the defects which was surviving in Criminal Revision No. 402 of 2020 was with regard to filing of surrender certificate and on account of non-removal of defects, the Criminal Revision No. 402 of 2020 was dismissed on 17.05.2024 due to noncompliance of peremptory order dated 03.05.2024 regarding removal of defects.

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5. It was submitted by the learned counsel for the petitioner on 28^th March 2025 that the sentence was only for a period of three months and the petitioner had served the sentence and the same is supported by order dated 24.01.2020. A statement has been made in

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2025:JHHC:13002

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this criminal miscellaneous petition that the petitioner, after serving the sentence, was released on 23.04.2020.

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6. Considering the aforesaid facts and circumstances, Criminal Revision No. 402 of 2020 is restored to its original file and office is directed to place the Criminal Revision No. 402 of 2020 before appropriate Bench as per roster. The fact that the petitioner has served the sentence be brought on record in Criminal Revision No. 402 of 2020.

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7. This criminal miscellaneous petition is accordingly disposed of.

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(Anubha Rawat Choudhary, J.)

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Pankaj

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Dilip Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dilip Kumar 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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