[2025:JHHC:17946] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1872 of 2024 ------ Shivnarayan Yadav, aged about 58 years, son of Subodh Yadav, resident of Village- Gosai Tola, Patwara, P.O.- Kewalpati, P.S.- Rajnagar, District- Madhubani, (Bihar), Presently residing at New Ranipur, Road No. 18, P.O.- Fulwari, P.S.- Fulwari, District- Patna (Bihar). … Petitioner Versus 1. The State of Jharkhand 2. Subodh Kumar, S/o- Late Surendra Kumar, R/o- Vill- Vidya Nagar, Road No. 1, Near St. Francis School, Tungri, Toli, P.O. & P.S. Argora, Distt. Ranchi. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Prakash Kumar , Advocate Mr. Sudhanshu Shekhar, Advocate For the State : Mr. Vineet Kr. Vashistha, Spl.P.P. For the OP No.2 : Mr. Avilash Kumar, Advocate ------ Order No:-07 Dated:-04-07-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3364 of 2022 to its original file which stood dismissed for non-compliance of the peremptory order dated 15.01.2024. Learned counsel for the petitioner submits that Cr.M.P. No.3364 of 2022 stood dismissed for non-compliance of the peremptory order dated 15.01.2024. It is next submitted that the petitioner was directed to remove defects pointed out by the stamp reporter within four weeks but due to inadvertence, the petitioner could not remove the defects within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.3364 of 2022 for non-compliance of the peremptory order dated 15.01.2024. It is next submitted that non- compliance of the peremptory order dated 15.01.2024 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.3364 of 2022 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.3364 of 2022 be restored to its original file. Learned Spl.P.P. appearing for the State has not raised any serious objection. Learned counsel for the opposite party No.2 vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.3364 of 2022 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.3364 of 2022 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 party No.2 through his counsel appearing in the record within two weeks from the date of this order. Registry is directed to list Cr.M.P. No.3364 of 2022 before the concerned Bench after two weeks, only if the petitioner pays the cost of Rs.5,000/- to the opposite party No.2 through his counsel appearing in the record, within two weeks from the date of this order; failing which, this conditional order shall not be given effect to and Cr.M.P. No.3364 of 2022 shall remain dismissed. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/