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2026 DAILYLAW 7897 (JHR)

PREMCHAND TUDU v. THE STATE OF JHARKHAND

Cr.M.P./2691/2024 · 2026-05-01

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:12916 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2691 of 2024 ------ Premchand Tudu, aged about 30 years, son of Emmanuel Tudu, resident of Village-Sonajori, P.O.-Torai, P.S.-Pakur (Town), Dist.-Pakur, Jharkhand … Petitioner Versus 1. The State of Jharkhand 2. Victim … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Din D. Saha, Advocate For the State : Ms. Priya Shreshta, Spl. P.P. For O.P. No.2 : Mr. Yasir Arafat, Advocate ------ Order No.04 Dated- 01.05.2026 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 2665 of 2023 to its original file. Learned counsel for the petitioner submits that Cr.M.P. No. 2665 of 2023 was dismissed for non-compliance of peremptory order of filing requisites. It is next submitted that due to inadvertence, the said requisites could not be filed within the stipulated time, which resulted in dismissal of Cr.M.P. No. 2665 of 2023. It is then submitted that non-compliance of peremptory order was neither deliberate nor intentional. It is further submitted that the petitioner has very good grounds to agitate in this Cr.M.P. No. 2665 of 2023 and unless Cr.M.P. No. 2665 of 2023 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Cr.M.P. No. 2665 of 2023 be restored to its original file. Learned counsel for the opposite party no.2 submits that the petitioner is deliberately delaying the matter and harassing the opposite party no.2 by lingering the same. Hence, the opposite party no.2 be adequately compensated with costs. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 2665 of 2023 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.10,000/- by the petitioner to the opposite party no.2 through the counsel appearing in the record within four weeks, failing which, this conditional order shall not be given effect to and this criminal miscellaneous petition shall stand dismissed without further reference to the Bench. In case, the petitioner files the proof of payment of costs of Rs.10,000/- by the petitioner to the opposite party no.2 through the counsel appearing in the record within four weeks, list Cr.M.P. No. 2665 of 2023 under the appropriate heading after a week before the appropriate Bench. (Anil Kumar Choudhary, J.) 01.05.2026 Gunjan-