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2025 DAILYLAW 14876 (JHR)

RAJEEV RANJAN ALIAS RAJEEV RANJAN PANDIT ALIAS RAJESH KUMAR v. STATE OF JHARKHAND

Cr.M.P./1302/2025 · 2025-08-29

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:26218] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No.1302 of 2025 ------ Rajeev Ranjan @ Rajeev Ranjan Pandit @ Rajesh Kumar, age about 36 years, S/o-Sadit Mahto, R/o-Henjla, P.O.-Henjla, P.S.-Kundu, Dist.- Lohardaga (Jharkhand) .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Jharkhand Bijli Vitran Nigam Limited through its Junior Electrical Engineer namely Mr. Suman Kumar Singh, S/o Shir Ganesh Prasad Singh, R/o-Khelgaon, Pocket No.603, Block-1, Sector-02, P.O. & P.S.- Khelgaon, Dist.-Ranchi (Jharkhand) .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rishi Ranjan Vats, Advocate For the O.Ps. : Mr. Abhishek Singh, Advocate ------ Order No.03 Dated- 29-08-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.354 of 2024 to its original file which stood dismissed for default on 31.01.2025 for non- compliance of the order dated 13.12.2024. Learned counsel for the petitioner submits that Cr.M.P. No.354 of 2024 stood dismissed for default on 31.01.2025 for non-compliance of the order dated 13.12.2024 within the stipulated peremptory time. It is next submitted that there was no intentional laches on the part of the petitioner as he was out of station during the relevant period due to some medical emergency. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.354 of 2024 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.354 of 2024 be restored to its original file. Learned counsel appearing for the State has not raised any serious objection. Learned counsel for the O.P. No.2 vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.354 of 2024 and submits that the opposite party No.2 will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party no.2 be compensated adequately in form of cost. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.354 of 2024 is directed to be restored to its original file at the same stage at which it was before its dismissal, subject to payment of cost of Rs.5,000/- by the petitioner to the opposite parties No.2 through his counsel appearing in the record within six weeks from the date of this order. Registry is directed to list Cr.M.P. No.354 of 2024 before the concerned Bench after six weeks only if the petitioner files the proof of paying the cost of Rs.5,000/- to the opposite party No.2 through his counsel appearing in the record within six weeks from the date of this order; failing which, this conditional order shall not be given effect to and Cr.M.P. No.354 of 2024 shall remain dismissed. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Rohit/