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2026 DAILYLAW 10561 (JHR)

ALEX A LAKRA v. THE STATE OF JHARKHAND

Cr.M.P./1732/2024 · 2026-02-06

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:3256 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1732 of 2024 ------ Alex A Lakra, aged about 45 years, Son of Abraham Lakra, resident of Mission Colony Khoratoli, Kokar, P.O.-Lalpur, P.S.-Sadar, District-Ranchi, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Dr. Remma Kanchan Khalkho, wife of Alex A Lakra and daughter of Mr. Marianus Khalkho at present residing at House No.45/B, Peace Road by Lane, P.O. + P.S.-Lalpur, District- Ranchi, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rajeev Rn. Tiwary, Advocate For the State : Mr. P.D. Agrawal, Spl.P.P. For the OP 2 : Mr. Birendra Kumar, Advocate : Mr. Raj Kishore Sahu, Advocate ------ Order No:-07 Dated:-06-02-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.499 of 2021 to its original file which stood dismissed for non-compliance of peremptory order dated 08.04.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.499 of 2021 stood dismissed for non-compliance of peremptory order dated 08.04.2024 for depositing the payment of Rs.1,000/- by the petitioner with the Jharkhand State Legal Services Authority (JHALSA) peremptorily within two weeks. It is next submitted that due to inadvertence, the petitioner could not deposit the said amount within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.499 of 2021 for non-compliance of peremptory order dated 08.04.2024. It is next submitted that non-compliance of peremptory order dated 08.04.2024 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.499 of 2021 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.499 of 2021 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 petitioner for restoration of the said Cr.M.P. No.499 of 2021 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 petitioner, Cr.M.P. No.499 of 2021 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 petitioner to the opposite party No.2 through his counsel appearing in the record within four weeks from the date of this order. Registry is directed to list Cr.M.P. No.499 of 2021 before the concerned Bench after four weeks only if the petitioner files the proof of payment of the cost of Rs.5,000/- to the opposite party No.2 through his counsel appearing in the record within four weeks from the date of this order failing which this conditional order shall not be given effect to and Cr.M.P. No.499 of 2021 shall stand dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 06/02/2026 Abhiraj/