The High Court of Jharkhand restored Cr.M.P. No.469 of 2026, which was previously dismissed for non-prosecution as the petitioner's counsel was absent due to being out of station.
The directed restoration of Cr.M.P. No.469 of 2026 to its original file.
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( 2026:JHHC:27441 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1926 of 2026
Anjum Ara, aged about 29 years, D/o Najir Alam, R/o Village Sambhari, P.O.-Murradih, P.S.-Barwadda, District-Latehar, Jharkhand.
… Petitioner
Versus
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Ms. Divya, Advocate For the State : Mr. Rajesh Kumar, Addl.P.P. For the OP 2 : Ms. Priya Saw, Advocate ------
Order No:-03 Dated:-11-09-2026
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P.. No.469 of 2026 to its original file which stood dismissed for non-prosecution on 01.05.2026.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.469 of 2026 stood dismissed for non-prosecution on 01.05.2026 by this Court. It is next submitted that the counsel was out of station on the said date, hence, the learned counsel for the petitioner could not appear before this Court when the said Cr.M.P.. No.469 of 2026 was called out, resulting in dismissal of the said Cr.M.P.. No.469 of 2026 for non-prosecution. It is next submitted that non-prosecution before this Court on 01.05.2026 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.469 of 2026 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.469 of 2026 be restored to its original file.
Learned counsel appearing for the State and the learned counsel for the opposite party no.2 has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner and the facts of this case, Cr.M.P. No.469 of 2026 is directed to be restored to its original file at the same stage at which it was before its dismissal.
Registry is directed to list Cr.M.P. No.469 of 2026 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J . )
11/09/2026 Abhiraj/
1 issue framed by the court
Whether the dismissal of Cr.M.P. No.469 of 2026 for non-prosecution in the absence of counsel should be restored.
Anjum Ara
The State of Jharkhand
Shafik Ahmad
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
