Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:33382 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2584 of 2025
------ Anil Choudhary, aged about 42 years, son of late Ram Swaroop Choudhary, resident of Village-Namudag, P.O. & P.S.-Naudiha Bazar, Dist.-Palamau
… Petitioner
Versus
1. The State of Jharkhand
2. Bharat Prasad Singh, son of late Raj Kishore Prasad Singh, resident of Village-Namudag, P.O. & P.S.-Naudiha Bazar, Dist.-Palamau
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Jai Shankar Tripathi, Advocate For the State
: Mr. Abhay Kr. Tiwari, Addl. P.P. For O.P. No.2
: Ms. Diksha Rani, Advocate ------
Order No.03 Dated- 07.11.2025
Heard the parties.
This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 3683 of 2023 to its original file.
Learned counsel for the petitioner submits that Cr.M.P. No. 3683 of 2023 was dismissed for non-compliance of peremptory order of removing the defects. It is next submitted that as the Advocate’s Clerk had gone to his native village as his mother was ill, hence, the defects could not be removed within the stipulated time and the same resulted in dismissal of Cr.M.P. No. 3683 of 2023. It is further submitted that the petitioner has very good grounds to agitate in this Cr.M.P. No. 3683 of 2023 and unless Cr.M.P. No. 3683 of 2023 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 3683 of 2023 be restored to its original file.
Learned counsel for the opposite party no.2 submits that the petitioner is deliberately delaying the matter and harassing the
opposite party no.2 by lingering the same. Hence, the opposite party no.2 be adequately compensated with costs.
Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 3683 of 2023 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.5,000/- by the petitioner to the opposite party no.2 through the counsel appearing in the record within six weeks, failing which, this conditional order shall not be given effect to and this criminal miscellaneous petition shall stand dismissed without further reference to the Bench.
In case, the petitioner files the proof of payment of costs of Rs.5,000/- by the petitioner to the opposite party no.2 through the counsel appearing in the record within six weeks, list Cr.M.P. No. 3683 of 2023 under the appropriate heading after a week before the appropriate Bench.
(Anil Kumar Choudhary, J.)
07.11.2025 Sonu/Gunjan-