NANDLAL MANDAL ALIAS LALAN KUMAR v. THE STATE OF JHARKHAND
Cr.M.P./1450/2026 · 2026-08-28
Anil Kumar Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 24366 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 24366 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:25964 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1450 of 2026
------ Nandlal Mandal @ Lalan Kumar, S/o Mathura Mandal, Aged about 29 years, resident of Village –Maniyada, P.O. Maniyada, P.S. Jamui, District –Jamui (Bihar).
.... .... …. Petitioner
Versus
1. The State of Jharkhand
2. Jaya Kumari, W/o Nandlal Mandal, D/o Sri Krishna Nand Mandal, Resident of Village –Gouripur, P.O. –Chanapabhi, P.S. Kunda, District –Deoghar. .... .... .... Opp. Parties
------
CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Lakhan Chandra Roy, Advocate
For the State
: Mrs. Kumari Rashmi, Addl. P.P.
For the O.P. No.2 : Mr. Zaid Ahmad, Advocate
------
Order No.03 Dated- 28.08.2026
Heard the parties.
This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 2205 of 2025 to its original file.
Learned counsel for the petitioner submits that Cr.M.P. No. 2205 of 2025 was dismissed for non-compliance of the peremptory
order of this Court dated 22.08.2025 whereby the petitioner was
directed to file requisites for service of notice upon the opposite party no.2 within two weeks. It is next submitted that due to mistake of the advocate’s clerk and miscalculation of time, the aforesaid
order dated 22.08.2025, passed in the said Cr.M.P. No. 2205 of 2025 could not be complied within the stipulated time; which resulted in dismissal of the said Cr.M.P. No. 2205 of 2025. It is next submitted that non-compliance of the said order by 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. 2205 of 2025 and unless Cr.M.P. No. 2205 of 2025 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 2205 of 2025 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. 2205 of 2025 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.5,000/- 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.5,000/- 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. 2205 of 2025 under the appropriate heading after a week before the appropriate Bench.
(Anil Kumar Choudhary, J.)
28.08.2026 Sonu-