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2026 DAILYLAW 28005 (JHR)

TARKESHWAR TIWARY ALIAS GOLDI TIWARY v. STATE OF JHARKHAND

Cr.M.P./1040/2026 · 2026-09-29

Sanjay Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:29597 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 1040 of 2026 …. 1. Tarkeshwar Tiwary @ Goldi Tiwary aged about 46 years S/o Bhuneshwar Tiwary R/o Village- Pushp Vatika, Suprabhat Co-operative Society, Shaktinagar, Near Bharat Gas Godown, Baridih Basti, P.O. & P.S.- Sidgora Town- Jamshedpur, District- Singhbhum East (Jharkhand). 2. M/s Aditya Tiwary and Associates Pvt. Ltd. through its proprietor Tarkeshwar Tiwary @ Goldi Tiwary S/o Bhuneshwar Tiwary R/o Village- Pushp Vatika, Suprabhat Co-operative Society, Shaktinagar, Near Bharat Gas Godown, Baridih Basti, P.O. & P.S.- Sidgora Town- Jamshedpur, District- Singhbhum East (Jharkhand) ……Petitioners Versus 1. The State of Jharkhand. 2. Sanjay Palsania S/o K.M. Palsania R/o Village-18, Azad Market, Telco Colony, P.O. & P.S.- Telco, Town- Jamshedpur, District- Singhbhum East (Jharkhand). ……Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioners: Mr. Kripa Shankar Nanda, Advocate For the State: Mrs. Bandana Sinha, A.P.P. …… 06/29.09.2026 The instant Criminal Misc. Petition No. 1040 of 2026 has been filed on behalf of the petitioners under Section 528 of the Code of Bhartiya Nagrik Suraksha Sanhita (BNSS) 2023 for restoration of Cr. Revision No. 714 of 2024. 2. Learned counsel for the petitioners has submitted that due to mistake, he could not deposit the amount of Rs.4.75 lakhs (Rupees Four Lakhs Seventy Five Thousand) in light of order dated 04.03.2025 passed in Criminal Revision No. 714 of 2024 by this Court. 3. It is submitted that the petitioner has now deposited the demand draft of Rs.4.75 lakhs (Rupees Four Lakhs Seventy Five 2026:JHHC:29597 2 Thousand) in the office of the learned Registrar General, High Court of Jharkhand, Ranchi in the light of order dated 04.03.2025 passed by this Court in Cr. Revision No. 714 of 2024. 4. It is further submitted that the petitioners are ready and willing to abide by the terms and conditions which may be imposed by this Court in the event of restoration of Cr. Revision No. 714 of 2024 and he will remain careful in future. 5. Learned A.P.P. has raised objection and opposed the prayer of the petitioners. It is submitted that the petitioners have deposited the said amount of Rs.4.75 lakhs (Rupees Four Lakhs Seventy Five Thousand) after delay of one year and no proper explanation has been given and hence, this Cr.M.P. may be dismissed. 6. Having heard the learned counsel for the parties and from going through the record, it appears that vide order dated 04.03.2025 passed in Cr. Revision No. 714 of 2024, the petitioner was directed to deposit Rs.4.75 lakhs (Rupees Four Lakhs Seventy Five Thousand) by way of demand draft in the name of O.P. No.2 in the office of the learned Registrar General, High Court of Jharkhand, Ranchi without prejudice to their case. 7. However, the said demand draft of Rs.4.75 lakhs (Rupees Four Lakhs Seventy Five Thousand) was not deposited within the due period and as such the said criminal revision stood dismissed due to non-compliance of the order dated 04.03.2025 passed by this Court. 8. It appears that the petitioners have deposited the demand draft of Rs.4.75 lakhs (Rupees Four Lakhs Seventy Five Thousand) before the learned Registrar General, High Court of 2026:JHHC:29597 3 Jharkhand, Ranchi on 28.09.2026 and the photocopy of the demand draft of Rs.4.75 lakhs (Rupees Four Lakhs Seventy Five Thousand) prepared on 23.09.2026 has been enclosed as Annexure-1 to the supplementary affidavit showing receiving in the office of the learned Registrar General, High Court of Jharkhand, Ranchi on 28.09.2026. 9. In view of the submissions made on behalf of the petitioners and averments made in paragraph nos. 6,7 and 8 of Cr. M.P. No. 1040 of 2026, the prayer for restoration of Cr. Revision No. 714 of 2024 is allowed. 10. Accordingly, Cr. Revision No. 714 of 2024 is restored to its original file and Cr. M.P. No. 1040 of 2026 is allowed. 11. Office is directed to place the case before appropriate Bench as per roster. 12. Let the demand draft of Rs.4.75 lakhs (Rupees Four Lakhs Seventy Five Thousand) be kept in the save custody of the learned Registrar General, High Court of Jharkhand, Ranchi and shall not be handed over to the O.P. No.2 of Cr. Revision No. 714 of 2024 till the specific order is passed by the Bench having the roster of Cr. Revision No. 714 of 2024. 13. Cr. M.P. No. 1040 of 2026 stands disposed of. 14. Let a copy of this order be sent to the office of the learned Registrar General, High Court of Jharkhand for the needful. (Sanjay Prasad, J.) Dated: 29.09.2026 RKM/