Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2805 of 2023
------ Shankar Bhandari, aged about 44 years, son of Kalipada Parmanik, Resident of Pendra Poddardih, P.O. & P.S.-Nirsa, Dist.-Dhanbad
… Petitioner
Versus
1. The State of Jharkhand
2. Manoj Kumar Khanna, son of Bijay Kumar Khanna, resident of Village-Sarsa Pahari, P.O. & P.S.-Chirkunda, Dist.-Dhanbad
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Parth Jalan, Advocate For the State
: Mr. Manoj Kumar, GA III For O.P. No.2
: Ms. Neeharika Mazumdar, Advocate
: Ms. Jasvindar Mazumdar, Advocate ------
Order No.07 Dated- 07.03.2025
Heard the parties.
This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 1419 of 2021 to its original file.
Learned counsel for the petitioner submits that Cr.M.P. No. 1419 of 2021 was dismissed for non-compliance of peremptory order. It is next submitted that due to inadvertence, within the stipulated time, the said peremptory order could not be complied with hence, the same resulted in dismissal of Cr.M.P. No. 1419 of 2021. It is further submitted that the petitioner has very good grounds to agitate in this Cr.M.P. No. 1419 of 2021 and unless Cr.M.P. No. 1419 of 2021 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 1419 of 2021 be restored to its original file.
Learned counsel for the opposite party no.2 submits that the petitioner is deliberately delaying the matter and harassing the opposite party no.2 by lingering the same. Hence, the opposite party no.2 be adequately compensated with costs.
Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 1419 of 2021 be restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.5,000/- by the petitioner to the opposite party no.2 through the learned counsel appearing in the record within four 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 petitioner files the proof of payment of costs of Rs.5,000/- by the petitioner to the opposite party no.2 through the
learned counsel appearing in the record within four weeks, list Cr.M.P. No. 1419 of 2021 under the appropriate heading after a week before the appropriate Bench.
(Anil Kumar Choudhary, J.)
Sonu-Gunjan/