[2026:JHHC:10432] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.91 of 2026 ------ Amit Kumar, aged about 30 years, Son of Sakhichand Ram, Resident of Village- Mangardah, P.O. & P.S.- Nagar Untari, Dist.- Garhwa … Petitioner Versus 1. The State of Jharkhand 2. XXX (Victim/Informant) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pankaj Srivastava, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl. P. P. For the O.P. No.2 : Mr. Pravin Kr. Pandey, Advocate ------ Order No:-03 Dated:-10-04-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.2972 of 2025 to its original file which stood dismissed for non-compliance of the peremptory order dated 13.11.2025 passed by this Court. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2972 of 2025 stood dismissed for non-compliance of the peremptory order dated 13.11.2025 passed by this Court to file the requisites for service of notice upon the opposite party No.2. It is next submitted that due to engagement of the advocate’s clerk in the treatment of his family member, the said requisites could not be filed within the stipulated time, which resulted in dismissal of the said Cr.M.P. No.2972 of 2025 for non-compliance of the said peremptory order dated 13.11.2025 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 13.11.2025 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.2972 of 2025 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.2972 of 2025 be restored to its original file. Learned Addl.P.P. 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.2972 of 2025 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 facts of the case and the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.2972 of 2025 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 petitioner to the opposite party No.2 through his counsel appearing in the record within two weeks from the date of this order. Registry is directed to list Cr.M.P. No.2972 of 2025 before the concerned Bench after two weeks only if the petitioner files the proof of payment of the cost of Rs.10,000/- to the opposite party No.2 though his counsel appearing in the record within two weeks from the date of this order failing which this conditional order shall not be given effect to and Cr.M.P. No.2972 of 2025 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated-10.04.2026-Animesh/