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2025 DAILYLAW 28071 (JHR)

MARY TIRKEY v. THE STATE OF JHARKHAND

Cr.M.P./3449/2024 · 2025-08-08

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:22726 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3449 of 2024 ------ Mary Tirkey aged about 54 years, W/o Ajay Stephen Paulus Tirkey, R/o New Bandhu Nagar, Near Mobile Tower, Birsa Chowk, P.O. & P.S.-Doranda, District-Ranchi. … Petitioner Versus 1. The State of Jharkhand 2. Vireshwar Bindhiya, Chairperson of Child Welfare Committee, Khunti age about 40 years, S/o Randhir Singh, R/o Village- Dhobi, P.O & P.S.-Torpa, Dist.-Khunti. 3. Birsa Munda age about 40 years, S/o Manga Munda R/o Village- Sirum Toli, P.O. & P.S.-Khunti, Dist.-Khunti. 4. Principal Secretary, Department of Social Welfare Women & Child Development, Project Bhawan, P.O.-Dhurwa, P.S.- Jagarnathpur, Dist.-Ranchi. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Amit Kumar, Advocate For the State : Mr. Nawin Kr. Singh, Addl.P.P. ------ Order No:-04 Dated:-08-08-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.1875 of 2019 to its original file which stood dismissed for non-compliance of the peremptory order dated 13.08.2024 passed by this Court. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.1875 of 2019 stood dismissed for non-compliance of the peremptory order dated 13.08.2024 passed by this Court to file consolidated criminal miscellaneous petition. It is next submitted that due to unavoidable circumstances, information was not delivered to the petitioner with time and because of such reason, the consolidated criminal miscellaneous petition could not be filed with the stipulated time; which resulted in dismissal of the said Cr.M.P. No.1875 of 2019. It is next submitted that non-compliance of the said order dated 13.08.2024 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.1875 of 2019 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.1875 of 2019 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 & 3 vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.1875 of 2019 and submits that the opposite party No.2 & 3 will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party No.2 & 3 be compensated adequately. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.1875 of 2019 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 & 3 through their counsel appearing in the record within four weeks from the date of this order. Registry is directed to list Cr.M.P. No.1875 of 2019 before the concerned Bench after four weeks only if the petitioner files the proof of payment of the cost of Rs.5,000/- to the opposite party No.2 & 3 through their counsel appearing in the record within four weeks from the date of this order failing which this conditional order shall not be given effect to and Cr.M.P. No.1875 of 2019 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/