( 2025:JHHC:22722 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2642 of 2024 ------ Nitish Kumar @ Sonu, aged about 37 years, son of Late Atmanand Singh, resident of Anand Nagar, Circular Road, P.O.-Rikhia, P.S.- Rikhia, District-Deoghar. Also at Krishnapuri, P.O. + P.S. + District- Deoghar. … Petitioner Versus 1. The State of Jharkhand 2. Pushpam Kumari @ Aradhya, daughter of Late Mouleshwar Singh, resident of Village Kothia, P.O.-Amarpur, P.S.-Amarpur, District Banka (Bihar), presently residing at Village-Kothia, P.O.- Amarpur, P.S.-Amarpur, District-Banka (Bihar), also at Anand Nagar, Circular Road, P.O. + P.S.-Rikhia, Dist.-Deoghar. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Vipul Vinopum, Advocate : Mr. Navin Kr. Singh, Advocate : Mr. Deepak Kumar, Advocate : Ms. Saumya Rai, Advocate For the State : Ms. Shweta Singh, Addl.P.P. For the OP 2 : Ms. Kumari Neha, Advocate : Mr. Sunil Kr. Mahato, Advocate ------ Order No:-05 Dated:-08-08-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of A.B.A. No.6388 of 2023 to its original file which stood dismissed for non-compliance of peremptory order dated 08.09.2023. It is submitted by the learned counsel for the petitioner that A.B.A. No.6388 of 2023 stood dismissed for non-compliance of peremptory order dated 08.09.2023 for filing a supplementary affidavit peremptorily within two weeks. It is next submitted that the petitioner was not aware of the said order and since he was very much disturbed because of illness of his mother due to cancer, for which the learned counsel for the petitioner could not file the said supplementary affidavit within the stipulated time; which resulted in dismissal of the said A.B.A. No.6388 of 2023 for non-compliance of peremptory order dated 08.09.2023. It is next submitted that non-compliance of peremptory order dated 08.09.2023 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said A.B.A. No.6388 of 2023 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the A.B.A. No.6388 of 2023 be restored to its original file. Learned counsel 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 A.B.A. No.6388 of 2023 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, A.B.A. No.6388 of 2023 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 A.B.A. No.6388 of 2023 before the concerned Bench after two weeks only if the petitioner files the proof of payment of 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 A.B.A. No.6388 of 2023 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/