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2026 DAILYLAW 5091 (JHR)

PINTU KUMAR v. THE STATE OF JHARKHAND

Cr.M.P./656/2023 · 2026-04-10

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:10334 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 656 of 2023 ------ Pintu Kumar, son of Suryadev Prasad, aged about 47 years, resident of Golpahari, P.O.-Tatanagar, P.S.-Parsudih, Town- Jamshedpur, Dist.-East Singhbhum … Petitioner Versus 1. The State of Jharkhand 2. Pintu Sarkar, son of Jaydev Sarkar, r/o of Flat No. KF-2, Qtr. No. 10, Kadma, P.O. & P.S.-Kadma, Town- Jamshedpur, Dist.-East Singhbhum, presently residing at Gma 203 Sri Nath Marine Drive Area, Kadma, P.O. & P.S.- Kadma, Town-Jamshedpur, Dist.-East Singhbhum … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Jitendra N. Upadhyay, Advocate For the State : Mr. Tarun Kumar, Addl. P.P. For O.P. No.2 : Mr. Agnivesh, Advocate ------ Order No.11 Dated- 10.04.2026 I.A. No.4129 of 2026 Heard the parties. Learned counsel for the petitioner submits that this interlocutory application has been filed with the prayer to delete the name of the opposite party no.3-Jaydev Sarkar from the cause title. It is next submitted that the opposite party no.3 is dead hence, his name be deleted. Considering the aforesaid fact, the prayer is allowed. Registry is directed to delete the name and particulars of the opposite party no.3-Jaydev Sarkar from the array of opposite parties in the cause title of this criminal miscellaneous petition with red ink. This interlocutory application is disposed of accordingly. (Anil Kumar Choudhary, J.) Cr.M.P. No. 656 of 2023 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 786 of 2020 to its original file. Learned counsel for the petitioner submits that Cr.M.P. No. 786 of 2020 was dismissed for non-compliance of peremptory order of filing requisites. It is next submitted that due to Covid-19 Pandemic, the correct address of the opposite party no.2 could not be ascertained hence, the requisites could not be filed within the stipulated time and the same resulted in dismissal of Cr.M.P. No. 786 of 2020. It is further submitted that the petitioner has very good grounds to agitate in this Cr.M.P. No. 786 of 2020 and unless Cr.M.P. No. 786 of 2020 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 786 of 2020 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. 786 of 2020 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.10,000/- by the petitioner to the opposite party no.2 through the advocate appearing in the record within six 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.10,000/- by the petitioner to the opposite party no.2 within six weeks, list Cr.M.P. No. 786 of 2020 under the appropriate heading after a week before the appropriate Bench. (Anil Kumar Choudhary, J.) 10.04.2026 Gunjan-