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2026 DAILYLAW 7106 (JHR)

DR ALOK KUMAR v. THE STATE OF JHARKHAND

Cr.M.P./43/2026 · 2026-04-24

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:12142] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.43 of 2026 ------ Dr. Alok Kumar, aged about 60 years, son of Late Domi Saha, resident of H/86, Argora Housing Colony, P.O. & P.S. – Argora, Dist.- Ranchi; … Petitioner Versus 1. The State of Jharkhand; 2. Suraj Kumar Son of Late Suresh Prasad, Argora Talab Road, P.O. & P.S.- Argora, Dist.- Ranchi; 3. Gargi Kumari Daughter of Late Prabhu Narayan Singh, presently residing in D.A.V. Alok Study Centre, Argora Talab Road, P.O. & P.S. – Argora, Dist.- Ranchi; … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : In person For the State : Mr. Manoj Kr. Mishra, Addl.P.P. For the O.P. No.2 & 3 : Mr. Anuj Kumar, Advocate Ms. Micky Kumari, Advocate ------ Order No:-06 Dated:-24-04-2026 Heard the parties. Petitioner appearing in-person submits that this Criminal Miscellaneous Petition has been filed with the prayer for restoration of Cr.M.P. No.1973 of 2024 to its original file which stood dismissed for non-compliance of the peremptory order dated 07.10.2025. Petitioner appearing in-person submits that Cr.M.P. No.1973 of 2024 was dismissed for non-compliance of the peremptory order dated 07.10.2025. It is next submitted that the petitioner of Cr.M.P. No.1973 of 2024 was directed to file a supplementary affidavit annexing therewith the certified copy of the Annexure-9 in this said Criminal Miscellaneous Petition within three weeks from the date of that order but due to inadvertence and the situation beyond the control of the petitioner, the said supplementary affidavit could not be filed within the stipulated time; which resulted in dismissal of Cr.M.P. No.1973 of 2024 for non- compliance of the peremptory order dated 07.10.2025. It is then submitted that non-compliance of the peremptory order dated 07.10.2025 in Cr.M.P. No.1973 of 2024 was neither deliberate nor intentional. It is further submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.1973 of 2024 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.1973 of 2024 be restored to its original file. Learned counsel appearing for the opposite party No.2 and 3 submits that the petitioner is deliberately delaying the disposal of Cr.M.P. No.1973 of 2024. It is next submitted that the opposite party No.2 and 3 will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party No.2 and 3 be compensated adequately. Considering the facts of the case and the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.1973 of 2024 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.5,000/- by the petitioner to the opposite party No.2 and 3 through the counsel appearing in the record and filing the proof of the same, within one week from the date of this order; failing which, this conditional order shall not be given effect to and Cr.M.P. No.1973 of 2024 shall remain dismissed. The Registry is directed to list Cr.M.P. No.1973 of 2024 after one week before the appropriate Bench, if the petitioner files the proof of the payment of cost of Rs.5,000/- to the opposite party No.2 and 3 through the counsel appearing in the record within one week from the date of this order. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 24.04.2026 Saroj/