RANCHI, India, Dec. 1 -- Jharkhand High Court issued the following order on Oct. 31:
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.2361 of 2020 to its original file which stood dismissed for non-prosecution vide order dated 22.10.2024.
Learned counsel for the petitioner submits that Cr.M.P. No.2361 of 2020 stood dismissed for non-prosecution vide order dated 22.10.2024. It is next submitted that when Cr.M.P. No.2361 of 2020 was called upon before this Court, no one turned up on behalf of the petitioner as the learned counsel for the petitioner was suffering from illness and was not well; which resulted in dismissal of the said Cr.M.P. No.2361 of 2020 for non-prosecution vide order dated 22.10.2024. It is further submitted that non-appearance of the learned counsel for the petitioner before this Court 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.2361 of 2020 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.2361 of 2020 be restored to its original file.
Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 have not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.2361 of 2020 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.2361 of 2020 before the appropriate Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
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