[2025:JHHC:19814] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.251 of 2025 ------ 1. Sri Samarendra Kumar, aged about 60 years, son of Sri Jyotindra Nath Ganju, then posted as Regional Provident Fund Commissioner-I (Legal), Head Office, Employees Provident Fund Organisation, (Ministry of Labour and Employment, Govt. of India) having its office at HUDCO Vishala, 14 Bhikaiji Cama Place, P.O. and P.S.-R.K. Puram, District-South West Delhi, New Delhi-110066, then residing at Flat No.28, HCL Towers, Sector 62, NOIDA, P.O. and P.S. Sector 58, District-Gautam Budh Nagar, Uttar Pradesh and permanent resident of House No.-D-16, Harmu Housing Colony, P.O. and P.S.-Argora, District-Ranchi. Now retired. 2. Sri S.S. Prasad @ Saurabh Suman Prasad, aged about 57 years, son of Jogendra Mohan Prasad, then posted as Regional Provident Fund Commissioner-I, Regional Office Kolhapur, having its officer at Bhavishya Nidhi Bhawan, 238/6 E’ward, Tarabai Park, P.O.-Kolhapur, P.S.-Shahupuri, Maharashtra, District-Kolhapur, State-Maharashtra, Now posted as Regional P.F. Commissioner-I, EPFO, Head Office, New Delhi, having its office at Employees Provident Fund Organisation (Ministry of Labour and Employment), Plate A, Ground Floor, Office Block-II, East Kidwai Nagar, P.O. & P.S.-Kidwai Nagar, South West Delhi, New Delhi- 110023, U.T.-New Delhi. 3. Prabhat Singh aged about 64 years, son of late Kedar Nath Sinha @ K.N. Sinha, Assistant Provident Fund Commissioner, EPFO, Regional Office Durgapur, Red Cross Road opposite Commercial Tax Office, City Centre, P.O., P.S.-Durgapur, District Burdwan, West Bengal, Now retired and residing at Quarter No.-4, State Bank Officer’s colony, Devi Mandap Road, Hesal-Ratu Road, P.O. + P.S.-Ratu, Ranchi-834005, District-Ranchi. 4. Ashok Kumar Singh, aged about 62 years, son of Late Jagdish Narayan Singh, Assistant Provident Fund Commissioner then posted as EPFO Regional Office Durgapur, Red Cross Road, Opposite Commercial Tax Office, City Centre, P.O., P.S.,- Durgapur, District-Burdwan, West Bengal, Now retired and residing at Subhash Colony, behind Devgiri Apartment, Kadru, Post-Doranda, P.S.-Argora, Ranchi. … Petitioners Versus 1. The State of Jharkhand 2. M. P. Srivastva, S/o Late S. D. Lal, Resident of Urmila Bhawan, Road No.14A, East Ashok Nagar, Kankarbag, P.O. and P.S. Kankarbag, District- Patna, (Bihar) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rupesh Singh, Advocate : Mr. Jagdeesh, Advocate For the State : Mr. Pankaj Kumar, P.P. For the O.P. No.2 : Ms. Rishi Bharti, Advocate Ms. Priyasha Priyadarshani, Advocate ------ Order No:-03 Dated:-18-07-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.2662 of 2017 to its original file which stood dismissed for non-compliance of the peremptory order dated 12.08.2024 passed by this Court. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.2662 of 2017 stood dismissed for non-compliance of the peremptory order dated 12.08.2024 passed by this Court to file the requisites of service of notice upon the opposite party No.2. It is next submitted that due to inadvertence, the requisites of service of notice upon the opposite party No.2 could not be filed with the stipulated time which resulted in dismissal of the said Cr.M.P. No.2662 of 2017. It is next submitted that non-compliance of the said order dated 12.08.2024 within the stipulated time 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.2662 of 2017 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.2662 of 2017 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 vehemently opposes the prayer of the petitioners for restoration of the said Cr.M.P. No.2662 of 2017 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. Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.2662 of 2017 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 petitioners to the opposite party No.2 through his counsel appearing in the record within two weeks from the date of this order. Registry is directed to list Cr.M.P. No.2662 of 2017 before the concerned Bench after two weeks only if the petitioners file the proof of payment of the cost of Rs.5,000/- to the opposite party No.2 though his counsel appearing in the record within two weeks from the date of this order failing which this conditional order shall not be given effect to and Cr.M.P. No.2662 of 2017 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/