Citation : 2026 Latest Caselaw 816 Jhar
Judgement Date : 6 February, 2026
[2026:JHHC:3266]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3441 of 2025
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1. Rajesh Kumar son of Nandu Ram aged about 39 years,
2. Nandu Ram son of Late Chhathu Ram aged about 66 years,
3. Kalawati Devi @ Kulwanti Devi, w/o Nandu Ram aged about 61 years
4. Rahul Kumar son of Nandu Ram aged about 24 years
5. Soni Kumari d/o Nandu Ram aged about 37 years All are resident of at Kandu Muhalla, P.O. Daltonganj, P.S. Daltonganj (Town), District- Palamau
6. Rani Kumari @ Rani Devi w/o Ranjit Ram, aged about 38 years, R/o village- Kathaiya, P.O. & P.s. - Hariharganj, District- Palamau ... Petitioners Versus
1. The State of Jharkhand
2. Sangita Kumari w/o Rajesh Kumar, d/o Ramjee Ram aged about 29 years, resident of at Kandu Muhalla, P.O. and P.S. Daltonganj, District- Palamau at present address- C/o Ramjee Ram at village Beni Kala, P.O. & P.S. Hussainabad, District - Palamau ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Baban Prasad, Advocate For the State : Ms. Nehala Sharmin, Spl. P. P. For the O.P. No.2 : Mr. Akshay Kumar, Advocate
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Order No:-03 Dated:-06-02-2026 Heard the parties.
This criminal miscellaneous petition has been filed by the petitioners with the prayer for restoration of Cr.M.P. No.2767 of 2024 to its original file which stood dismissed for non-compliance of the peremptory order dated 16.07.2025 passed by this Court.
It is submitted by the learned counsel for the petitioners that Cr.M.P. No.2767 of 2024 stood dismissed for non-compliance of the peremptory order dated 16.07.2025 passed by this Court to file a consolidated Cr.M.P. It is next submitted that due to mistake and laches of the advocate's clerk concerned, the said order could not be complied with within the stipulated time which resulted in dismissal of the said Cr.M.P. No.2767 of 2024 for non-compliance of the said peremptory order dated 16.07.2025 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 16.07.2025 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.2767 of 2024 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.2767 of 2024 be restored to its original file.
Learned counsel appearing for the State has not raised any serious objection.
Learned counsel for the opposite party No.2 vehemently opposes the prayer of the petitioners for restoration of the said Cr.M.P. No.2767 of 2024 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.
At this stage, learned counsel for the petitioner pays the cost of Rs.5,000/- to the opposite party No.2 through his counsel appearing in the record and the counsel for the opposite party No.2 acknowledges the receipt of the same.
Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.2767 of 2024 is directed to be restored to its original file at the same stage at which it was before its dismissal.
Registry is directed to list Cr.M.P. No.2767 of 2024 before the concerned Bench after a week.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Dated- 06.02.2026-Animesh/
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