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2026 DAILYLAW 6379 (JHR)

KAPIL DEO ROY v. THE STATE OF JHARKHAND

Cr.M.P./3711/2025 · 2026-04-10

Anil Kumar Choudhary

Transfer Petitionbody2026

Judgment text

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[2026:JHHC:10439] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3711 of 2025 ------ Kapil Deo Roy, aged about 25 years, son of Rajendra Prasad Roy, resident of village Dighi, P.O. and P.S. Noni, District Dumka (Jharkhand) … Petitioner Versus 1. The State of Jharkhand 2. Ajay Kumar Sah, son of Shri Madhusudan Prasad Sah, resident of Puranan Dumka, Kewatpara, P.S. Dumka (T), P.O. and District Dumka (Jharkhand) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Amit Kr. Sinha, Advocate For the State : Mr. Bhola Nath Ojha, Spl. P. P. For the O.P. No.2 : Mr. Manoj Kr. No.4, 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.3931 of 2022 to its original file which stood dismissed for non-compliance of the peremptory order dated 13.10.2025 passed by this Court. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3931 of 2022 stood dismissed for non-compliance of the peremptory order dated 13.10.2025 passed by this Court to file the proof of deposit of Rs.1,000/- with the Jharkhand State Legal Services Authority (JHALSA). It is next submitted that due to confusion on the part of the advocate’s clerk, the said amount could not be deposited within the stipulated time which resulted in dismissal of the said Cr.M.P. No.3931 of 2022 for non-compliance of the said peremptory order dated 13.10.2025 passed by this Court. It is also submitted that the said amount has already been deposited and the proof of the same has also been filed. It is next submitted that non-compliance of the said peremptory order dated 13.10.2025 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.3931 of 2022 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.3931 of 2022 be restored to its original file. Learned Spl.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. Considering the facts of the case and the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.3931 of 2022 is directed to be restored to its original file at the same stage at which it was before its dismissal. Registry is directed to list Cr.M.P. No.3931 of 2022 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated-10.04.2026-Animesh/