[2026:JHHC:21999] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1854 of 2023 ------ Ajeet Singh Ghai, aged about 40 years, son of Late Sardar Jasbeer Singh Ghai, resident of Home No. 1, Gurudwara Campus, Hathital, Post Hathilal, Police Station Gorakhpur, District Jabalpur, Madhya Pradesh. … Petitioner Versus 1. The State of Jharkhand 2. Navneet Kaur (Rimpee), wife of Ajeet Singh Ghai, Presently residing at Mohalla – Belvatika, Medinagar, Near Gurudwara, Post Belvatika, Police Station Medninagar Town, District Palamau. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Samavesh Bhaj Deo, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. [through VC] For the O.P. No.2 : Mr. Pramendra Kr. Mehta, Advocate ------ Order No:-10 Dated:-24-07-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed with the prayer for restoration of Cr.M.P. No.4254 of 2022 to its original file which stood dismissed for non-compliance of the peremptory order dated 28.03.2023. Learned counsel for the petitioner submits that Cr.M.P. No.4254 of 2022 was dismissed for non-compliance of the peremptory order dated 28.03.2023. It is next submitted that the petitioner was directed to file requisites for service of notice upon the opposite party No.2 by registered post with A/D as well as under ordinary process within four weeks from the date of that order but the petitioner was under impression that the said order dated 28.03.2023 is not an peremptory order, hence, inadvertently the said requisites could not be filed within the stipulated period; which resulted in dismissal of Cr.M.P. No.4254 of 2022 for non-compliance of the peremptory order dated 28.03.2023. It is next submitted that non-compliance of the peremptory order dated 28.03.2023 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.4254 of 2022 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.4254 of 2022 be restored to its original file. Learned counsel appearing for the opposite party No.2 submits that the petitioner is deliberately delaying the disposal of the Cr.M.P. No.4254 of 2022. It is next submitted 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.4254 of 2022 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 No.2 through his counsel appearing in the record and the petitioner is directed to file the proof of the payment of cost of Rs.10,000/- by the petitioner to the opposite 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.4254 of 2022 shall remain dismissed. The Registry is directed to list Cr.M.P. No.4254 of 2022 after four weeks to its original file before the appropriate Bench if the petitioner files the proof of the payment of cost of Rs.10,000/- 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. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 24.07.2026 Saroj/