Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:17975] IN THE HIGH COURT OF JHARKHAND AT RANCHI CrMP No. 957 of 2025
Mahfuj Alam & Ors.
… Petitioners
Versus
The State of Jharkhand & Anr. … Opp. parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Ranjit Kumar , Adv. For the State
: Mr. Vishwanath Roy, Spl. PP. For the opp. party no. 2 : Mr. Soumitra Baroi , Adv.
03 / 04.07.2025 Heard the parties.
This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of Cr.M.P. No. 3017 of 2024 to its original file.
Learned counsel for the petitioner submits that the Cr.M.P. No. 3017 of 2024 was dismissed vide order dated 28.10.2024 for non-compliance of the order of filing requisites for service of notice upon the opp. party no. 2. Learned counsel for the petitioners submits that as the Advocate’s Clerk had gone to his native place hence, the petitioner could not file the said requisites in time, which resulted in dismissal of Cr.M.P. No. 3017 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 Cr.M.P. No. 3017 of 2024 be restored to its original file.
Learned counsel for the opposite party no. 2 submits that the opposite party has been harassed by the petitioners by delaying the matter, hence, the opposite party be compensated adequately in terms of cost.
Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No. 3017 of 2024 is directed to be restored to its original file 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 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 petitioners file 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 Cr.M.P. No. 3017 of 2024 be restored to its original file and Cr.M.P. No. 3017 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/-