( 2025:JHHC:10858 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3277 of 2023 ------ Debjit Sarkar @ D. Sarkar, age about 56 years, son of Late Shib Narayan Sarkar, resident of Flat No.3B, Block-U, Soura Niloy Housing Complex, 1, Kailash Ghosh Road, Barisha, P.O. & P.S.-Barisha, District-Kolkata- 700008. … Petitioner Versus 1. The State of Jharkhand 2. Pawan Kumar, age about 50 years, son of Dinesh Prasad Singh, presently residing at V.E.W.T. Campus, Village Fartia, P.O. and P.S.- Garhwa, District-Garhwa, permanent address S.D.O. Road, Hajipur, P.O. & P.S.-Hajipur, District: Vaishali (Bihar). … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mrs. Amrita Sinha, Advocate (through V.C.) : Mrs. Shweta Suman, Advocate : Mr. Sourabh Raj, Advocate : Ms. Anjali Kumari, Advocate For the State : Mr. Bhola Nath Ojha, Spl.P.P. For the OP 2 : Mr. Pankaj Srivastava, Advocate ------ Order No:-06 Dated:-04-04-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.2819 of 2021 to its original file; which stood dismissed for non-compliance of peremptory order dated 13.07.2023. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2819 of 2021 stood dismissed for non-compliance of the order dated 13.07.2023 for filing the requisites for service of notice upon the opposite party no.2 peremptorily within four weeks. It is next submitted that due to inadvertent mistake on the part of advocate’s clerk, the petitioner could not file the said requisites within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.2819 of 2021 for non-compliance vide order dated 13.07.2023. It is next submitted that non-compliance of the said order dated 13.07.2023 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.2819 of 2021 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.2819 of 2021 be restored to its original file. Learned Spl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.2819 of 2021 is directed to be restored to its original file at the same stage at which it was before its dismissal. Registry is directed to list Cr.M.P. No.2819 of 2021 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/