IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3058 of 2024 ------ Pramod Kumar Srivastava @ Pramod Sriwastava, aged about 54 years, Son of Late U. S. Srivastava, Resident of Door No.-09, 14/15 B, 1st Vivekanand Layout, Marathahill, P.O.- Marathahill, P.S.- Marathahill, District- Bangalore, Karnataka, … Petitioner Versus 1. The State of Jharkhand 2. Kumari Arati, Daughter of Jawahar Lal, Resident of- Qr. No.- 331, Sector-III, ‘B’, P.S.- City Thana, P.O.- Sector-III Bokaro Steel City, District- Bokaro, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Peeyush Krishna Choudhary, Advocate For the State : Mrs. Kumari Rashmi, Addl.P.P. For the O.P. No.2 : In Person ------ Order No:-03 Dated:-07-02-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.252 of 2023 to its original file which stood dismissed for non-compliance of the peremptory order dated 09.02.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.252 of 2023 stood dismissed for non-compliance of the peremptory order dated 09.02.2024. It is next submitted that the petitioner was directed to remove the defects as pointed out by the Stamp Reporter within two weeks but due to refusal by the court below to supply modified certified copy of the order taking cognizance as the filing copy is the original copy of the said order, the defects could not be removed within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.252 of 2023. It is next submitted that non-compliance of the said order dated 09.02.2024 within the stipulated time 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.252 of 2023 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.252 of 2023 be restored to its original file. Learned Addl.P.P. appearing for the State has not raised any serious objection. Opposite party No.2 appearing in person vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.252 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 in terms of costs. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.252 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.10,000/- by the petitioner to the opposite party No.2 in her Bank Account i.e. IDBI Bank bearing IFSC Code- IBKL0000066, A/C No. 066104000014571 within four weeks. Registry is directed to list Cr.M.P. No.252 of 2023 before the concerned Bench after four weeks only if the petitioner makes the payment of cost of Rs.10,000/- by the petitioner to the opposite party No.2 in her Bank Account i.e. IDBI Bank bearing IFSC Code- IBKL0000066, A/C No. 066104000014571 within four weeks from the date of this order and files the proof of the same in this case; failing which, this conditional order shall not be given effect to and Cr.M.P. No.252 of 2023 shall remain dismissed. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/