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2026 DAILYLAW 7962 (JHR)

ASHOK KUMAR v. STATE OF JHARKHAND

Cr.M.P./360/2026 · 2026-05-01

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:12918 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 360 of 2026 ------ 1. Ashok Kumar, aged about 45 years, s/o Birendara Prasad 2. Virendra Prasad @ Birendra Prasad, aged about 65 years, s/o Vishnu Prasad 3. Prabhavati Devi, aged about 63 years, w/o Birendara Prasad 4. Poonam Kumari, aged about 35 years, d/o Birendara Prasad 5. Puspanjali Kumari @ Pushpanjali Kumar, aged about 33 years, d/o Birendara Prasad 6. Puja Kumari @ Pooja Kumari, aged about 31 years, d/o Birendara Prasad All resident at Saket Nagar, Hinoo, P.O. & P.S.-Doranda, Dist.-Ranchi … Petitioners Versus 1. The State of Jharkhand 2. Nirmala Devi, aged about 37 years, d/o Suresh Pandit, resident at Hanuman Garhi, P.T.P.S., P.O. & P.S.-Patratu O.P. Barkakana, Dist.-Ramgarh … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Naimuddin Ansari, Advocate For the State : Ms. Priya Shrestha, Spl. P.P. For O.P. No.2 : Mr. Suresh Prajapati, Advocate ------ Order No.03 Dated- 01.05.2026 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of Cr.M.P. No. 3335 of 2022 to its original file. Learned counsel for the petitioners submits that Cr.M.P. No. 3335 of 2022 was dismissed for non-prosecution. It is next submitted that due to cough and fever, the counsel for the petitioners could not appear before this Court when the case was called out and the same resulted in dismissal of Cr.M.P. No. 3335 of 2022. It is further submitted that the petitioners have very good grounds to agitate in this Cr.M.P. No. 3335 of 2022 and unless Cr.M.P. No. 3335 of 2022 is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that Cr.M.P. No. 3335 of 2022 be restored to its original file. Learned counsel for the opposite party no.2 submits that the petitioners are 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 facts of the case and the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No. 3335 of 2022 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 petitioners to the opposite party no.2 through the counsel appearing in the record within eight 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 petitioners file the proof of payment of costs of Rs.10,000/- by the petitioners to the opposite party no.2 through the counsel appearing in the record within eight weeks, list Cr.M.P. No. 3335 of 2022 under the appropriate heading after a week before the appropriate Bench. (Anil Kumar Choudhary, J.) 01.05.2026 Gunjan-