Allowed¶19

Sanjay Kumar v. the State of Jharkhand

Jharkhand HC6 Feb 2026Cr.M.P./3128/2025

Case brief

AI extract

What is this about?

Restoration of dismissed criminal miscellaneous petition; dismissal for non-compliance of peremptory order dated 26.06.2025; requisites of service of notice upon opposite party No.2; inadvertence of advocate's clerk; Cr.M.P. No.1405 of 2025 restored to original file at same stage; Registry to list before concerned Bench after a week; petitioner Sanjay Kumar; opposite party Ankita Gupta absent despite notice; State raised no serious objection; High Court of Jharkhand at Ranchi.

What did the court decide?

Restoration of Cr.M.P. No.1405 of 2025 to its original file at the same stage at which it was before its dismissal; Registry directed to list Cr.M.P. No.1405 of 2025 before the concerned Bench after a week. ¶19

Sanjay Kumar Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

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[2026:JHHC:3259] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3128 of 2025

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Sanjay Kumar, aged about 36 years, Son of late Banshi Dhar Sahu, Resident of NH-98, Nag Baba, Chhatarpur, Near Pawan Cycle Dukan, P.O. & P.S. Chhatarpur, District Palamau

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… Petitioner

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Versus

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The State of Jharkhand

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Ankita Gupta, aged about 22 years, Wife of Sanjay Kumar, Daughter of Ram Kumar Gupta, Resident of Upper Bazar, North Market Road, P.S. Kotwali, P.O. G.P.O., District Ranchi, Jharkhand

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… Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner	: Mr. Prabhat Kr. Sinha, Advocate
	Mr. Mayank Mridul, Advocate
For the State	: Mr. Vineet Kr. Vashistha, Spl. P.P.
For the O.P. No.2	: None

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------

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Order No:-04 Dated:-06-02-2026

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Heard the parties.

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Though notice has been issued to the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls.

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This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.1405 of 2025 to its original file which stood dismissed for non-compliance of the peremptory order dated 26.06.2025 passed by this Court.

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It is submitted by the learned counsel for the petitioner that Cr.M.P. No.1405 of 2025 stood dismissed for non-compliance of the peremptory order dated 26.06.2025 passed by this Court to file the requisites of service of notice upon the opposite party No.2. It is next submitted that due to inadvertence on the part of the advocate’s clerk concerned, the said order dated 26.06.2025 passed in Cr.M.P. No.1405 of 2025 could not be complied with, within the stipulated time, which resulted in dismissal of the said Cr.M.P. No.1405 of 2025

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for non-compliance of the said peremptory order dated 26.06.2025 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 26.06.2025 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.1405 of 2025 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.1405 of 2025 be restored to its original file.

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Learned Addl.P.P. appearing for the State has not raised any serious objection.

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Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.1405 of 2025 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.1405 of 2025 before the concerned Bench after a week.

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Dated- 06.02.2026-Animesh/

Sanjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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