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2026 DAILYLAW 6716 (JHR)

SUJATA SRIVASTAVA v. THE STATE OF JHARKHAND

Cr.M.P./3070/2025 · 2026-04-10

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:10464 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3070 of 2025 ------ 1. Sujata Srivastava, W/o Late Satyendra Kumar Srivastava @ Late Satyender Kumar, aged about 61 years, R/o 6th Cross Road, Reliable Residency, H.S.R. New Extention, Harlur Road, Bangalore, P.O. & P.S.-H.S.R. Layout. 2. Ayush Srivastava alias Ayush Gaurav S/o Late Satyendra Kumar Srivastava, aged about 34 years, R/o 6th Cross Road, Reliable Residency, H.S.R. New Extention, Harlur Road, Bangalore, P.O. & P.S.-H.S.R. Layout. … Petitioners Versus 1. The State of Jharkhand 2. Shreya, aged about 32 years, W/o Ashish Gaurav, D/o Bibhuti Bhushan Prasad @ Bibhuti Bhushan, R/o Gulab Bhuwan, P.O.- Ashok Nagar, P.S.-Argora, District-Ranchi, Jharkhand, Pin- 834002. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rahul Anand, Advocate For the State : Ms. Priya Shreshta, Spl.P.P. For the OP 2 : Mr. Harsh Kumar, Advocate ------ Order No:-04 Dated:-10-04-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioners with the prayer for restoration of Cr.M.P. No.1577 of 2022 to its original file which stood dismissed for non-compliance of peremptory order dated 06.07.2023. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.1577 of 2022 stood dismissed for non-compliance of peremptory order dated 06.07.2023 for removing the defects pointed out by the stamp reporter within four weeks. It is next submitted that due to inadvertent mistake and a communication gap between the counsel and his clerk, the petitioners could not remove the said defects within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.1577 of 2022 for non-compliance of peremptory order dated 06.07.2023. It is next submitted that non-compliance of peremptory order dated 06.07.2023 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.1577 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.1577 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 No.2 vehemently opposes the prayer of the petitioners for restoration of the said Cr.M.P. No.1577 of 2022 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 aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.1577 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 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.1577 of 2022 before the concerned Bench after two weeks only if the petitioners file the proof of payment of the cost of Rs.10,000/- to the opposite party No.2 through 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.1577 of 2022 shall stand dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 10/04/2026 Abhiraj/