IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3361 of 2024 ------ 1. Manoj Jain, Aged about 46 years, Son of Late Mulchand Jain, R/o- House no. 5, First Floor, Opp- Bhimsen Sabha Bhawan, Samta colony, P.O.+P.S.- Raipur, District Raipur (Chhatisgarh) 2. Rahul Jain, Aged about 40 years, S/o- KantiLal Jain, R/o- House no. 5, First floor, Opp- Bhimsen Sabha Bhawan, Samta Colony, P.O.+P.S.- Raipur, District- Raipur (Chhatisgarh) … Petitioners Versus 1. The State of Jharkhand 2. Pradeep Kumar Sahu, Aged about 50 years, S/o Ram Lakhan Sahu, R/o Kutchery Road, Maina Bagicha, P.O+P.S- Lohardaga, Dist- Lohardaga, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rahul Dev, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. For the O.P. No.2 : Mr. Pramendra Kr. Mehta, Advocate ------ Order No:-03 Dated:-07-02-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.701 of 2023 to its original file which stood dismissed for non-compliance of peremptory order dated 30.09.2024. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.701 of 2023 stood dismissed for non-compliance of peremptory order dated 30.09.2024. It is next submitted that Cr.M.P. No.701 of 2023 was listed before this Bench and the petitioners were directed to file a consolidated Criminal Miscellaneous Petition by incorporating the proposed amendments within two weeks from the date of that order but the petitioner could not file the said consolidated Criminal Miscellaneous Petition within stipulated time; which resulted in dismissal for non-compliance of the peremptory order dated 30.09.2024. It is next submitted that non-compliance of the peremptory order dated 30.09.2024 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.701 of 2023 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.701 of 2023 be restored to its original file. Learned Spl.P.P. appearing for the State has not raised any serious objection. Learned counsel for the opposite party No.2 vehemently opposes the prayer of the petitioners for restoration of the said Cr.M.P. No.701 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 petitioners, Cr.M.P. No.701 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 petitioners to the opposite party No.2 through his counsel appearing in the record within six weeks from the date of this order. Registry is directed to list Cr.M.P. No.701 of 2023 before the concerned Bench after six weeks only if the petitioners pay the cost of Rs.10,000/- to the opposite party No.2 though his counsel appearing in the record and files the proof of the same, within six weeks from the date of this order; failing which, this conditional order shall not be given effect to and Cr.M.P. No.701 of 2023 shall stand dismissed. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/