Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.2701 of 2024
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1. Bigan Singh, aged about 69 years, s/o Late Sarwjeet Singh,
2. Madan Singh, aged about 63 years,
3. Ishwari Singh, aged about 54 years,
4. Binod Singh, aged about 44 years,
5. Shyam Deo Singh, aged about 47 years,
6. Vijay Singh, aged about 40 years, Petitioner No.2 to 6 are S/o Bigan Singh, all are R/o village-Salaiya, P.O.-Khairadohar, P.S.-Naudiha Bazar, District-Palamau, State-Jharkhand.
… Petitioners
Versus
1. The State of Jharkhand
2. Lakhan Saw, S/o Late Hajari Saw,
3. Ramchandra Prasad, S/o Late Hajari Saw, Respondent No.2 and 3 are R/o Village & P.O.-Khairadohar, P.S.- Naudiha Bazar, District-Palamau, State-Jharkhand.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Ms. Diksha Rani, Advocate For the State
: Ms. Vandana Bharti, Addl.P.P.
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Order No:-03 Dated:-10-01-2025
Heard the parties.
This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of Cr.M.P. No. 4058 of 2023 to its original file.
Learned counsel for the petitioners submits that Cr.M.P. No. 4058 of 2023 was dismissed for non-compliance of peremptory order of filing requisites. It is next submitted that pairvikar of the petitioners could not inform the petitioners for filing requisites, hence, the same resulted in dismissal of Cr.M.P. No. 4058 of 2023. It is further submitted that the petitioners have very good grounds to agitate in this Cr.M.P. No. 4058 of 2023 and unless Cr.M.P. No. 4058 of 2023 is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 4058 of 2023 be restored to its original file.
Learned counsel for the opposite party no.2 & 3 submits that the petitioners are deliberately delaying the matter and harassing the opposite
party no.2 & 3 by lingering the same. Hence, the opposite party no.2 & 3 be adequately compensated with costs.
Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No. 4058 of 2023 be restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.10,000/- by the petitioner to the opposite party no.2 & 3 within six weeks, failing which, this conditional order shall not be given effect to and this criminal miscellaneous petition shall stand dismissed without further reference to the Bench.
In case, the petitioners file the proof of payment of costs of Rs.10,000/- by the petitioners to the opposite party no.2 & 3 within six weeks, list Cr.M.P. No. 4058 of 2023 under the appropriate heading after a week before the appropriate Bench.
(Anil Kumar Choudhary, J.) Abhiraj/