PAWAN KUMAR ALIAS PAWAN KUMAR SINGH v. THE STATE OF JHARKHAND
Cr.M.P./3453/2025 · 2026-04-24
Anil Kumar Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7090 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7090 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:JHHC:12138] IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3453 of 2025
------ Pawan Kumar @ Pawan Kumar Singh, S/o Janardan Singh, aged about 32 yrs. Resident of Village- Kharkho, Post Office- Charghara and Police Station- Jamua, District- Giridih
… Petitioner
Versus
1. The State of Jharkhand
2. Ashok Choudhary, Son of Late Nakul Choudhary, Resident of Village and Post Office – Choubey, P.S.- Chalkura, District- Hazaribagh,
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Prabhash Ch. Sinha, Advocate For the State
: Mr. Shree Prakash Jha, Addl.P.P. For the O.P. No.2 : Mr. Rajesh Kr. Mahtha, Advocate
------
Order No:-05 Dated:-24-04-2026
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No. 2243 of 2017 to its original file which stood dismissed for non-compliance of the peremptory order dated 22.11.2024.
Learned counsel for the petitioner submits that Cr.M.P. No. 2243 of 2017 was dismissed for non-compliance of the peremptory order dated 22.11.2024. It is next submitted that prayer for time to the petitioner was allowed subject to deposit of Rs.1,000/- by the petitioner with the Jharkhand State Legal Services Authority (JHALSA) and to file the proof the same within four weeks from the date of that order but the same could not be filed within the stipulated time, because of the reason that the concerned file was misplaced in the office of the Advocate; which resulted in dismissal for non-compliance of the peremptory order dated 22.11.2024. It is further submitted that non-compliance of the peremptory order dated 22.11.2024 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. 2243 of 2017 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. 2243 of 2017 be restored to its original file.
Learned counsel for the State and the learned counsel appearing for the opposite party No.2 have not raised any serious objection to 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. 2243 of 2017 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. 2243 of 2017 before the appropriate Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Dated:- 24.04.2026 Saroj/