Sail Employees Cooperative ... vs The State Of Jharkhand
2023 Latest Caselaw 3480 Jhar

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr.M.P. (DB) No. 2983 of 2018

Sail Employees Cooperative Housing Society Limited ( Registration No.
38/1985), Ranchi ( Jharkhand), registered under the Bihar & Orissa Co-
operative Registration Act, 1935 having its office at Shyamali, Ranchi through
its Secretary Mr. Dinkar Jha, S/o late Arjun Jha, R/o Village-Quarter No. C-31,
Shyamali Colony, P.O. + P.S.- Doranda, Town & District-Ranchi in the State of
Jharkhand                                                   ... Petitioner
                                     Versus
1. The State of Jharkhand
2. Mrs. Parwati Wadhwani, W/o Kishor Wadhwani, R/o Village- Trisul, Kanke
Road, P.O.- Kankey, P.S. Gonda, Town & District- Ranchi in the State of
Jharkhand                                             ... Opposite Parties
                                        ------

CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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       For the Petitioner       : Mr. Arvind Kumar Sah, Advocate
       For the State            : Mr. Rajesh Kumar, APP
                                       -----

Order No. 06/Dated 13th September 2023

The instant application has been filed for restoration of Cr. M.P. (DB) No. 1334 of 2017 as the same was dismissed against the opposite party no. 2 by order dated 09.08.2018 passed by this Court.

2. The learned counsel for the petitioner has submitted that the Cr.M.P. (DB) No. 1334 of 2017 was filed by the petitioner against the judgment of acquittal dated 17.12.2016. The case was listed under the heading for admission on 08.02.2018 and by an order dated 08.02.2018 notice was issued to the opposite party no. 2. Thereafter Cr.M.P. (DB) No. 1334 of 2018 was listed under the heading for orders on 21.03.2018 and on that date opposite party no. 2 was noticed through registered post as well as ordinary process to the present and correct address of O.P. No. 2. It is further submitted that the petitioner filed the notice as per order of the Hon'ble Court on 22.03.2018 on the same address as given in the main application. There is only one address of the opposite party no. 2 as it appears from the Annexure-1 & Annexure-2. It is further submitted that as per the summons issued by the learned court below the opposite party no. 2 appeared and contested the case. It is further submitted that due to mistake of the counsel case was dismissed for non compliance of order against the opposite party no. 2. It is further submitted that petitioner has a good case on merit to succeed in the matter.

3. The learned counsel for the State, learned APP has opposed this

criminal miscellaneous petition but has not expressed any serious grievance.

4. In view of the aforesaid facts and circumstance, Cr.M.P.(DB) No. 1334 of 2017 is restored to its original file from the same stage before it was dismissed.

5. Accordingly, this criminal miscellaneous petition stands disposed of.

(Ratnaker Bhengra, J.)

( Pradeep Kumar Srivastava,J.)

Sharda/-