Jharkhand High Court
Nilam Kaur @ Mosomat Nilam Kuar @ Nilam ... vs The State Of Jharkhand on 28 August, 2023
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No.3420 of 2022
1. Nilam Kaur @ Mosomat Nilam Kuar @ Nilam Kunwar, aged
about 64 years, wife of Late Rabindra Nath Tiwari, resident of
village - Chatti, P.O. & P.S. - Daltonganj, District - Palamu
2. Murlidhar Tiwari, aged about 63 years, son of late Nand Kumar
Tiwari, resident of village - Chatti, P.O. & P.S. - Daltonganj,
District - Palamu
3. Binod Kant Tiwari, aged about 60 years, son of Late Nand Kumar
Tiwari, resident of village - Chatti, P.O. & P.S. - Daltonganj,
District - Palamu
4. Arun Kumar Tiwari, aged about 48 years, son of late Nand Kumar
Tiwari, resident of village -Chatti, P.O. & P.S. - Daltonganj,
District - Palamu
5. Nawal Kishore Tiwari, aged about 50 years, son of late Nand
Kumar Tiwari, resident of village - Chatti, P.O. & P.S. -
Daltonganj, District - Palamu
6. Taramani Tiwari, aged about 46 years, son of late Nand Kumar
Tiwari, resident of village - Chatti, P.O. & P.S. - Daltonganj,
District - Palamu
7. Niraj Tiwari, aged about 45 years, son of Rabindra Nath Tiwari,
resident of village - Chatti, P.O. & P.S. - Daltonganj, District -
Palamu
8. Pratima Debi, aged about 56 years, wife of Ashok Pandey, resident
of village - Sudana, P.O. & P.S. - Daltonganj, District - Palamu
... ... Petitioners
Versus
1. The State of Jharkhand
2. Rajkaran Tiwari, son of Baijnath Tiwari, resident of village -
Chatti Senduriya, P.O. Jhabar via Satbarwa, P.S - Daltonganj,
District - Palamu
3. Shankar Tiwari, son of Dwarika Tiwari, resident of village - Chatti
Senduriya, P.O. Jhabar via Satbarwa, P.S. - Daltonganj, District -
Palamu ... ... Opposite Parties
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Mr. Yogendra Yadav, Advocate
For the State : Mr. Rakesh Ranjan, A.P.P.
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04/28.08.2023 Learned counsel for the petitioners has submitted that the
present petition has been filed for restoration of Cr.M.P No.726 of 2020 which was dismissed vide order dated 07.01.2022 on account of non-removal of defects within the preemptory time.
2. Learned counsel submits that on the date when the case was called out, the learned counsel for the petitioners could not appear on account of unavoidable reason and consequently the defect could not be removed within the preemptory time. He submits that Cr.M.P. 2 No.726 of 2020 be restored to its original file and the preemptory time for removal of defects be extended by two months from today.
3. Learned counsel for the respondent-State has no serious objection the prayer made.
4. After hearing the learned counsel for the parties and being satisfied with the cause shown by the petitioners on account of non- appearance on 07.01.2022 and non-compliance of the preemptory order, the present petition is hereby allowed and the time granted for removal of defects of Cr.M.P. No.726 of 2020 vide order dated 07.01.2022 is extended till 16.10.2023.
5. If the defects in Cr.M.P. No.726 of 2020 is removed within the extended period, let Cr.M.P. No.726 of 2020 be listed on 18.10.2023 under appropriate heading.
6. This petition is accordingly disposed of .
(Anubha Rawat Choudhary, J.) Saurav/