Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:12456]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. 207 of 2025
Sanjay Patro
… Petitioner
Versus The State of Jharkhand & Anr. … opp. parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Jitendra Nath Upadhyay, Adv. For the State
: Mr. Shiv Shankar Kumar , Addl. PP For the opp. party no. 2 : Mr. Anurag Kashyap, Adv.
03 / 25.04.2025
Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of CrMP no. 1750 of 2024 to its original file.
Learned counsel for the petitioner submits that the CrMP no. 1750 of 2024 was dismissed for non-compliance of the order dated 26.07.2024 of filing the supplementary affidavit. Learned counsel for the petitioners submits that due to illness, the petitioner could not file the supplementary affidavit within the peremptory period which resulted in dismissal of CrMP No. 1750 of 2024. It is further submitted that the petitioner has very good grounds to agitate in this case and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the CrMP no. 1750 of 2024 be restored to its original file.
Learned counsel for the opposite party no. 2 submits that the opposite party no. 2 has been harassed by the petitioner by delaying the matter, hence, the opposite party no. 2 be compensated adequately in terms of cost. Considering the aforesaid submission of the learned counsel for the petitioners and the facts of the case, CrMP no. 1750 of 2024 is directed to be restored to its original file subject to payment of cost of Rs. 5,000/- by the petitioner to the opposite party no. 2 through his 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 remain dismissed without further reference to the Bench. In case, the petitioner files the proof of payment of Rs. 5,000/- to the opposite party no. 2 through learned counsel for the opposite party no. 2 appearing in the record, then CrMP no. 1750 of 2024 be restored to its original file and CrMP no. 1750 of 2024 be listed after a week of the said payment, before the appropriate bench.
This criminal miscellaneous petition is disposed of accordingly.
(ANIL KUMAR CHOUDHARY, J.) Smita/-