[2025:JHHC:26217] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No.1322 of 2025 ------ Bimal Bohra, aged about 66 years, son of Late Jagannath Bohra, resident of Flat No.B/ID, Belair Apartment, Mahatma Gandhi Marg, P.O. G.P.O., P.S.-Hindpiri, Dist.-Ranchi (Jharkhad) .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Kamlesh Kumar Pingle, son of Sukhdeo Mahto, posted as Junior Electrical Engineer, Electrical Supply Section, Ormanjhi, P.O. & P.S. Ormanjhi, Dist.-Ranchi, and permanent resident of Chamron, P.O. Harhad Kander, P.S. Rajrappa, Dist.-Ramgarh (Jharkhand) .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Nitish Krishna, 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.831 of 2025 to its original file which stood dismissed on 09.05.2025 for non-compliance of the order dated 24.04.2025. Learned counsel for the petitioner submits that Cr.M.P. No.831 of 2025 stood dismissed on 09.05.2025 for non-compliance of the order dated 24.04.2025. It is next submitted that there is neither deliberate intention nor willful negligence on the part of the advocate’s clerk in not filing the requisites within the stipulated time and the same happened because of the advocate’s clerk not properly understating the order of this Hon’ble Court. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.831 of 2025 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.831 of 2025 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.831 of 2025 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. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.831 of 2025 is directed to 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 three weeks from the date of this order. Registry is directed to list Cr.M.P. No.831 of 2025 before the concerned Bench after three 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 three weeks from the date of this order; failing which, this conditional order shall not be given effect to and Cr.M.P. No.831 of 2025 shall remain dismissed. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Rohit/