Sunita Devi And Ors vs State Of Jharkhand

Pursuant to the order dated 14.08.2019, the enquiry report has been submitted by the Joint Registrar (Judicial), High Court of Jharkhand, Ranchi.

Vide order dated 14.08.2019, Joint Registrar (Judicial), High Court of Jharkhand, Ranchi, was directed to hold an enquiry regarding delay in listing of the case after a long delay.

Upon perusal of the enquiry report submitted by the Joint Registrar (Judicial), it appears that Dealing Assistant Ms. Namrata Kumari has submitted that the file of Cr.M.P. No. 2436 of 2018 was received in the Cr.M.P. Pending Section on 27.07.2018 as defective one with eight defects. It was placed through office notes dated 04.08.2018 before the L.B. of Joint Registrar (Judicial) on 08.08.2018 and on prayer of ld. Counsel, one week time was granted to remove the defects. The file was received on 09.08.2018 and upon checking found the defects were not removed within one week, i.e. 16.08.2019. It has been further mentioned in the report that the dealing assistant, therefore, without losing even a single day, placed the file before the L.B. of learned Registrar General on 17.08.2018 wherein order was passed on 28.08.2018. As per order dated 28.08.2018 of Registrar General defect no. 9(iv) part and 9(vi) part were ignored. However, for rest of the defects, two weeks time was granted for removal. Thereafter, she placed the file through office notes dated 31.11.2018 for its listing under the heading "For Orders". After Fresh Constitution of Benches w.e.f. 1st week of January 2019 Cr. M.P. was to be listed before Hon'ble Court no. 11. A Fixed number of cases were listed chronologically on the basis of verbal instruction of the Court Master. In January 2019 as many cases of the year prior to 2018 were pending as such those cases were directed to be listed. Therefore the present case remained unlisted awaiting its usual turn for being listed. She has further submitted that at no occasion, the required number of cases were not listed before the Hon'ble Court no. 11 on any particular day.

Ms. Namrata Kumari, Dealing Assistant has sincerely regretted the inconvenience caused to the Hon'ble Court with an undertaking to be more cautious in future while listing cases under the heading 'For Orders (with defect).

Sri Manindra Pandey, Assistant Registrar and Sri Pawan Kumar Deo, S.O. I/c, Cr.M.P. Section have also sincerely regretted the inconvenience caused to the Hon'ble Court.

After perusal of the report and explanation submitted by the concerned Dealing Assistant Ms. Namrata Kumari, upon being satisfied, this Court accepts the explanation furnished by Ms. Namrata Kumari with an observation that she should remain cautious in future while placing the cases for listing.

Counsel for the petitioner Mr. Pratik Sen, J.C. to Mrs. J. Mazumdar, Advocate, seeks permission to withdraw this petition with liberty to raise all the points before the learned court below.

Permission is accorded.

This petition is dismissed as withdrawn.

Interim order, if any, stands vacated.

Pending interlocutory application, if any, is dismissed as not pressed.

It is made clear that withdrawal of this petition will not prejudice the case of the parties before the learned court below.

Let this order be communicated to the learned court below through 'FAX.