Bhikhan Ganjhu Alias Deepak Kumar Vs Union of India through the Secretary, Ministry of Home Affairs

2026:JHHC:5837-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1717 of 2025

Bhikhan Ganjhu @ Deepak Kumar, aged about 44 years, son of Bandhu Ganjhu, resident of Village- Vijan, P.O. & P.S. Piparwar, District- Chatra.

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... Petitioner

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Versus

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Union of India, through The Secretary, Ministry of Home Affairs, Government of India New Delhi, North Block, P.O. & P.S.- North Avenue, New Delhi, Dist.- Delhi.

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Union of India Union of India, through National Investigation Agency, Ranchi, P.O. & P.S. Jagarnathpur, District Ranchi.

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The National Investigation Agency, through Deputy Superintendent of Police, Chief Investigating Officer, NIA, Jammu, Camp-Ranchi, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi.

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... Respondents

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CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SANJAY PRASAD

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------ For the Appellant : Mr. Niranjan Kumar, Adv. For the Respondent : Mr. Amit Kumar Das, Adv. : Mr. Saurav Kumar, Adv.

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------ 07/Dated: 26^th February, 2026

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I.A. No. 16143 of 2025:

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1. The instant interlocutory application has been filed seeking leave of this Court to allow to make necessary correction in the cause title by replacing Article 226 of the Constitution of India with Section 528 of B.N.S.S., 2023 reason being that it is restoration of a criminal writ petition filed by invoking the jurisdiction conferred to this Court under Article 226 of the Constitution of India.

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2. Considering the reason assigned in the interlocutory application,

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leave as sought for, is granted to make correction of provision of law

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under which restoration of W.P. (Cr.) No. 527/2024 has been filed for.

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3. Let necessary correction be made in course of the day.

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Cr.M.P. No. 1717 of 2025:

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4. The instant criminal miscellaneous petition has been filed for restoration of writ petition being W.P. (Cr.) No. 527/2024 which has been dismissed by this Court for non-prosecution vide order dated 05.02.2025.

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5. The reason has been assigned at Para 4 to the effect that the learned counsel for the petitioner since could not mark the daily cause list dated 05.02.2025, and as such, when the matter was taken up, there was no appearance on behalf of the writ petitioner and in consequence thereof, the writ petition stands dismissed for nonprosecution.

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6. It has been stated that if the writ petition will not restore, the petitioner will suffer irreparable loss and injury.

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7. The written objection has although been made on behalf of the respondent-NIA opposing the restoration on the ground that after such a belated stage, the restoration may not be allowed.

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8. We have heard the learned counsel for parties and considering the rival submissions made on their behalf, and the pleadings made by the respective parties.

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9. The objection which has been made on behalf of the NIA, as per the reference made in the counter affidavit, this Court is of the view that

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whether it is proper to be restored at belated stage, requires consideration only when the original writ petition will be restored.

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10. The instant petition has only been filed for restoration of original writ petition being W.P. (Cr.) No. 527 of 2024 in which the only issue for consideration is restoration of the writ petition.

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11. Considering the reasons assigned in Para 4 and subsequent paragraphs of the petition, this Court is of the view that the present petition needs to be allowed.

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12. Accordingly, the instant criminal miscellaneous petition being Cr.M.P. No. 1717 of 2025 stands allowed.

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13. In view thereof, the writ petition being W.P.(Cr.) No. 527 of 2024,is restored to its original file.

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(Sujit Narayan Prasad, J.)

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(Sanjay Prasad, J.)

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