IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 364 of 2025 ------ 1. Jyoti Shukla, aged about 33 years, wife of Sri Shivam Pandey, daughter of Sri Om Prakash Shukla 2. Kalawati Shukla @ Kalavati Shukla, aged about 57 years, wife of Sri Om Prakash Shukla 3. Om Prakash Shukla @ Om Prakash, aged about 60 years, s/o late Dudhnath Shukla All are residing at House No.3/19/45/K-2, Shakti Vihar Colony, Post-Niyawan, P.S.-Cant, Dist.-Faizabad, Ayodhya (U.P.) … Petitioner Versus 1. The State of Jharkhand 2. Shivam Pandey, aged about 38 years, son of Sri Devi Shankar Pandey, residing at C-11/57, Sector-7, Koyala Nagar, BCCL Township, P.O. & P.S.-Saraidhela, Dist.- Dhanbad (Jharkhand) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sanjay Kr. Chamaria, Advocate For the State : Mr. Bishwambhar Shastri, Addl. P.P. For O.P. No.2 : Mr. Razaullah Ansari, Advocate ------ Order No.03 Dated- 21.03.2025 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 979 of 2023 to its original file. Learned counsel for the petitioner submits that Cr.M.P. No. 979 of 2023 was dismissed for non-compliance of preemptory order of filing supplementary affidavit. It is next submitted that application was filed and relevant certified copy was obtained but sometime was consumed for the same and the documents were then sent to Advocate Ranchi who prepared the said supplementary affidavit and some more time was consumed in the same, hence the said supplementary affidavit could not be filed within the stipulated time. It is further submitted that non-compliance of the peremptory order was neither deliberate nor intentional. It is next submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No. 979 of 2023 and unless Cr.M.P. No. 979 of 2023 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 979 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. 979 of 2023 be restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.1,000/- by the petitioner to the opposite party no.2 through the counsel appearing in the record, within two 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.1,000/- by the petitioner to the opposite party no.2 within two weeks, list Cr.M.P. No. 979 of 2023 under the appropriate heading after a week before the appropriate Bench. (Anil Kumar Choudhary, J.) Sonu-Gunjan/