[2026:JHHC:22687] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1503 of 2026 ------ Mukesh Oraon aged about 26 years, son of Late Ramdeo Oraon, Resident of Village Hesal, P.O. + P.S. Senha, District Lohardaga … Petitioner Versus 1. The State of Jharkhand 2. The Victim … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Nawin Kr. Singh, Addl. P. P. For the O.P. No.2 : Md. Yasir Arafat, Advocate ------ Order No:-02 Dated:-31-07-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of B.A. No.778 of 2026 to its original file which stood dismissed for non-compliance of the peremptory order dated 26.02.2026 passed by this Court. It is submitted by the learned counsel for the petitioner that B.A. No.778 of 2026 stood dismissed for non-compliance of the peremptory order dated 26.02.2026 passed by this Court to file the requisites for service of notice issued upon the opposite party No.2. It is next submitted that the counsel for the petitioner had to remain away from Ranchi as his father was seriously ill and required his constant attendance, hence, the said requisites could not be filed within the stipulated time which resulted in dismissal of the said B.A. No.778 of 2026 for non-compliance of the said peremptory order dated 26.02.2026 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 26.02.2026 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said B.A. No.778 of 2026 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the B.A. No.778 of 2026 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 No.2 vehemently opposes the prayer of the petitioner for restoration of the said B.A. No.778 of 2026 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, B.A. No.778 of 2026 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 No.2 through his counsel appearing in the record within four weeks from the date of this order. Registry is directed to list B.A. No.778 of 2026 before the concerned Bench after four weeks only if the petitioner files the proof of payment of the cost of Rs.10,000/- to the opposite party No.2 though 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 B.A. No.778 of 2026 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated-31.07.2026-Animesh/