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2026 DAILYLAW 26357 (JHR)

PARMANAND PANDIT v. THE STATE OF JHARKHAND

Cr.M.P./2072/2026 · 2026-09-18

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:28348] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2072 of 2026 ------ 1. Parmanand Pandit, Age-72 years, S/o Lt. Ramu Pandit, 2. Manorama Pandit, Age- 67 Years W/o Parmanand Pandit Both R/o Kurmichak, P.O. & P.S. + Dist.- Godda, at present Parmeshwar Dayal Road, Barmasiya, P.O. + P.S. – Sub-division + Dist- Deoghar … Petitioners Versus 1. The State of Jharkhand 2. Mrs. Kiran Devi W/o Ashok Kumar Singh aged about 46 years 3. Mr. Ashok Kumar Singh, Age- 53 years, S/o Lt. Manager Prasad Singh, both Resident of Jatahi no-418, P.O. + P.S.- Sub-Division + Dist- Deoghar … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Shashi Bhushan Singh, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P. For the O.P. Nos.2 & 3 : Mr. Kumar Harsh, Advocate Mr. Tejaswa Mohanta, Advocate ------ Order No:-03 Dated:-18-09-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.1899 of 2022 to its original file which stood dismissed for non-compliance of the peremptory order dated 18.03.2024 passed by this Court. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.1899 of 2022 stood dismissed for non-compliance of the peremptory order dated 18.03.2024 passed by this Court to remove the defects pointed out by the stamp reporter. It is next submitted that due to illness of the counsel for the petitioners, the defects pointed out by the stamp reporter could not be removed within the stipulated time, hence, the same resulted in dismissal of the said Cr.M.P. No.1899 of 2022 for non-compliance of the said peremptory order dated 18.03.2024 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 18.03.2024 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.1899 of 2022 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.1899 of 2022 be restored to its original file. Learned counsel 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 petitioners for restoration of the said Cr.M.P. No.1899 of 2022 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 facts of this case and the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.1899 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 petitioners to the opposite party Nos.2 and 3 through their counsel appearing in the record within four weeks from the date of this order. Registry is directed to list Cr.M.P. No.1899 of 2022 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 Nos.2 and 3 though their 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.1899 of 2022 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated-18.09.2026-Animesh/