[2026:JHHC:543] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2839 of 2025 ------ Murari Prasad, aged about 49 years, Son of Mohan Prasad, resident of Village- Sadmakala, P.O. and P.S. Peterwar, District- Bokaro. … Petitioner Versus 1. The State of Jharkhand 2. Ritesh Sinha son of Bhola Prasad, resident of New Bus Stand, P.O. and P.S. Petarwar, District- Bokaro. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Mahesh Kr. Mahto, Advocate For the State : Mr. Manoj Kumar, GA III For the OP No.2 : Mr. Santosh Kr. Soni, Advocate ------ Order No:-03 Dated:-09-01-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No. 3043 of 2023 to its original file which stood dismissed for non-compliance of the peremptory order dated 13.03.2024. Learned counsel for the petitioner submits that Cr.M.P. No. 3043 of 2023 stood dismissed for non-compliance of the peremptory order dated 13.03.2024. It is next submitted that the petitioner of Cr.M.P. No. 3043 of 2023 was directed to file a consolidated Cr.M.P. incorporating the proposed amendments allowed as well as the petitioner was also directed to file requisites for service of notice upon the opposite party No.2 by registered post with A/D as well as under process of the court within two weeks from the date of that order but the same could not be filed within the stipulated time and the same was filed only after dismissal of Cr.M.P. No. 3043 of 2023; which resulted in dismissal of the said Cr.M.P. No. 3043 of 2023 for non-compliance of the peremptory order dated 13.03.2024. It is further submitted that non-compliance of the peremptory order dated 13.03.2024 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. 3043 of 2023 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. 3043 of 2023 be restored to its original file. Learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner for restoration of the said Cr.M.P. No. 3043 of 2023 and submits that the opposite party No.2 will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party No.2 be compensated adequately. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 3043 of 2023 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 through his learned counsel appearing in the record within four weeks from the date of this order. Registry is directed to list Cr.M.P. No. 3043 of 2023 before the concerned Bench after four weeks; only if the petitioner pays the cost of Rs.5,000/- to the opposite party No.2 through his learned counsel appearing in the record within four weeks from the date of this order; failing which, this conditional order shall not be given effect to and Cr.M.P. No. 3043 of 2023 shall stand dismissed. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 09.01.2026 Saroj/