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2026 DAILYLAW 18806 (JHR)

SANTOSH KUMAR v. THE STATE OF JHARKHAND

Cr.M.P./674/2026 · 2026-07-03

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:19559 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 674 of 2026 ------ Santosh Kumar, aged about 43 years, Son of Rameshwar Ram, Resident of Village –Damdamiya, P.O. Nawadih & P.S. – Khalari, District –Ranchi and at present Flat No. 301, Vir Krishna Estage, 3rd Floor Rani Bagan, P.O. & P.S. –Bariatu, District –Ranchi -834009. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Uday Verma, Son of Janeshwar Prasad, Resident of Ward No.12, Pipra Kalan, P.O. & P.S. –Garhwa, Jharkhand, UID - 955908055321 .... .... .... Opp. Parties ------ CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Jai Shankar Tripathi, Advocate For the State : Mr. Pankaj Kumar, P.P. For the O.P. No.2 : Mr. Divyansh Krishna, Advocate ------ Order No.03 Dated- 03.07.2026 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 108 of 2024 to its original file. Learned counsel for the petitioner submits that Cr.M.P. No. 108 of 2024 was dismissed for non-prosecution. It is next submitted that due to inadvertence and unavoidable circumstances, no one could appear before the Court when the case was called out, resulting in dismissal of the said Cr.M.P. No. 108 of 2024. It is next submitted that non-appearance of the learned counsel for the petitioner was neither deliberate nor intentional. It is further submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No. 108 of 2024 and unless Cr.M.P. No. 108 of 2024 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 108 of 2024 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. 108 of 2024 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.6,000/- by the petitioner to the opposite party no.2 through the learned 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 stand dismissed without further reference to the Bench. In case, the petitioner files the proof of payment of costs of Rs.6,000/- by the petitioner to the opposite party no.2 through the learned counsel appearing in the record within four weeks, list Cr.M.P. No. 108 of 2024 under the appropriate heading after a week before the appropriate Bench. (Anil Kumar Choudhary, J.) 03.07.2026 Sonu-