Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 8441 (JHR)

RAHIL ZAFAR v. THE STATE OF JHARKHAND

Cr.M.P./2132/2025 · 2026-02-06

Anil Kumar Choudhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:JHHC:3255] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2132 of 2025 ------ Rahil Zafar, Aged about 36 years, S/o Late Zafar Shah, R/o- Santushthi Apartment, Near Vikrant Chowk, New Church Road, Main Road, P.O. G.P.O., Ranchi, P.S. Lower Bazar, District- Ranchi … Petitioner Versus 1. The State of Jharkhand 2. Rajesh Kumar, S/o Sri Ganga Prasad Baranwal, Director of Medicant Hospital and Research Centre, Private Limited, BIADA Colony, P.O. Marafari Colony, P.S. Sector – 12, District- Bokaro … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Vikash Kumar, Advocate For the State : Ms. Priya Shrestha, Spl. P.P. For the O.P. No.2 : Mr. Sanjeev Thakur, Advocate ------ Order No:-05 Dated:-06-02-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.4854 of 2022 to its original file which stood dismissed for non-compliance of the peremptory order dated 12.12.2024 passed by this Court. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.4854 of 2022 stood dismissed for non-compliance of the peremptory order dated 12.12.2024 passed by this Court to file a consolidated Cr.M.P. within two weeks from the date of said order. It is next submitted that due to court’s vacation during the said period, the said order dated 12.12.2024 passed in Cr.M.P. No.4854 of 2022 could not be complied with within the stipulated time which resulted in dismissal of the said No.4854 of 2022 for non-compliance of the said peremptory order dated 12.12.2024 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 12.12.2024 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.4854 of 2022 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.4854 of 2022 be restored to its original file. Learned Spl.P.P. appearing for the State has not raised any serious objection. Learned counsel for the opposite party No.2 vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.4854 of 2022 and submits that the opposite party No.2 will unnecessarily be harassed if the same is restored to its original file, hence, in case the said case is restored to its original file, the opposite party No.2 be compensated adequately. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.4854 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.2,000/- by the petitioner 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.4854 of 2022 before the concerned Bench after two weeks only if the petitioner files the proof of payment of the cost of Rs.2,000/- to the opposite party No.2 though 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.4854 of 2022 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 06.02.2026-Animesh/