Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:558 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1970 of 2025
------ Dhiraj Kumar Sharma aged about 53 years, S/o Bishwanath Sharma, R/o-Devi Nagar, Hesag, P.O.-Hatia, & P.S.-Jagarnathpur, & Dist.-Ranchi, Jharkhand.
… Petitioner
Versus
1. The State of Jharkhand
2. Puran Prasad, S/o Sri Tapeshwar Sahu, R/o Tupukhurd, P.O.- Latehar Railway Station, P.S. & District-Latehar.
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Shekhar Pd. Sinha, Advocate For the State
: Mr. Shailendra Kr. Tiwari, Spl.P.P. For the OP 2
: Mr. Prashant Kr Rahul, Advocate
------
Order No:-04 Dated:-09-01-2026
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.3557 of 2017 to its original file which stood dismissed for non-compliance of peremptory order dated 21.04.2025.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3557 of 2017 stood dismissed for non-compliance of peremptory order dated 21.04.2025 for depositing the payment of Rs.1,000/- by the petitioner with the Jharkhand State Legal Services Authority (JHALSA) peremptorily within three weeks. It is next submitted that due to some negligence on the part of the petitioner, the petitioner could not deposit the said amount within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.3557 of 2017 for non- compliance of peremptory order dated 21.04.2025. It is next submitted that non-compliance of peremptory order dated 21.04.2025 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.3557 of 2017 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.3557 of 2017 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.3557 of 2017 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.3557 of 2017 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.3557 of 2017 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.3557 of 2017 shall stand dismissed.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) 09/01/2026 Abhiraj/