MD NAUKHEZ ASHER @ NAUKHER ASHER v. THE STATE OF JHARKHAND
Cr.M.P./1898/2026 · 2026-07-03
Anil Kumar Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18848 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18848 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:JHHC:19547] IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1898 of 2026
------ Md. Naukhez Asher @ Naukher Asher, aged about 38 years, S/O- Late Md. Raghib Hussain, Permanent resident of Rahmat Colony (East), Doranda, P.O. & P.S.- Doranda, Dist.- Ranchi. (Jharkhand)
… Petitioner
Versus
1. The State of Jharkhand
2. Roushni Jabeen, aged about 31 years, W/O- Md. Naukhez Asher, D/O- Late Md. Mozammil Hussain.
3. Anaya Asher, D/O- Md. Naukhez Asher, aged about 3 years
Both O.P. 2 & 3 R/O- Tiwary Tank road, Near Taslim Masjid, Hindpiri, Ranchi, P.O. & P.S.- Hindpiri, Dist- Ranchi (Jharkhand)
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner
: Md. Faruque Ansari, Advocate For the State
: Ms. Kumari Rashmi, Addl. P. P. For the O.P. Nos.2 & 3 : Md. Razaullah Ansari, Advocate
------
Order No:-02 Dated:-03-07-2026
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.53 of 2025 to its original file which stood dismissed for non-compliance of the peremptory order dated 10.02.2026 passed by this Court.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.53 of 2025 stood dismissed for non-compliance of the peremptory order dated 10.02.2026 passed by this Court to file the proof of deposit of Rs.1,000/- with the Jharkhand State Legal Services Authority (JHALSA). It is next submitted that due to some confusion, the said amount could not be deposited within the stipulated time which resulted in dismissal of the said Cr.M.P. No.53 of 2025 for non-compliance of the said peremptory order dated 10.02.2026
passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 10.02.2026 was neither deliberate nor intentional. It is further submitted that the said amount has already been deposited. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.53 of 2025 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.53 of 2025 be restored to its original file.
Learned Addl.P.P. appearing for the State has not raised any serious objection.
Learned counsel for the opposite party Nos.2 and 3 vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.53 of 2025 and submits that the opposite party Nos.2 and 3 will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party Nos.2 and 3 be compensated adequately.
Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.53 of 2025 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.10,000/- by the petitioner to the opposite party Nos.2 and 3 through their counsel appearing in the record within eight weeks from the date of this order.
Registry is directed to list Cr.M.P. No.53 of 2025 before the concerned Bench after eight weeks only if the petitioner files the proof of payment of the cost of Rs.10,000/- to the opposite party Nos.2 and 3 though their counsel appearing in the record within eight weeks from the date of this order failing which this conditional order shall not be given effect to and Cr.M.P. No.53 of 2025 shall remain dismissed.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Dated-03.07.2026-Animesh/