Mahfuj Alam Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Mahfuj Alam Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional restoration of Cr.M.P. No. 3017 of 2024 to its original file, subject to payment of Rs. 5,000/- as cost to the opposite party no. 2 within four weeks; on proof of payment, the restored petition to be listed after a week before the appropriate bench.

Issue for consideration

Whether Cr.M.P. No. 3017 of 2024, dismissed on 28.10.2024 for non-compliance of the order of filing requisites for service of notice upon the opposite party no. 2, should be restored to its original file. +1 more

Court's answer

Cr.M.P. No. 3017 of 2024 is directed to be restored to its original file subject to payment of cost of Rs. 5,000/- by the petitioners to the opposite party no. 2 through his counsel appearing in the record within four weeks.

Ratio / Principle

Failing payment of the cost within four weeks, the conditional order shall not be given effect to and the criminal miscellaneous petition shall remain dismissed without further reference to the Bench.

Key takeaways

On proof of payment of Rs. 5,000/- to the opposite party no. 2, Cr.M.P. No. 3017 of 2024 shall be restored to its original file and listed after a week of the said payment before the appropriate bench.ratio¶15

Detailed headnote1 paragraphs

Criminal Miscellaneous Petition – Restoration of petition dismissed for default – Cr.M.P. No. 3017 of 2024 was dismissed on 28.10.2024 for non-compliance of the order of filing requisites for service of notice upon the opposite party no. 2, the requisites not having been filed in time as the Advocate's Clerk had gone to his native place – Restoration petition allowed: Cr.M.P. No. 3017 of 2024 directed to be restored to its original file subject to payment of cost of Rs. 5,000/- by the petitioners to the opposite party no. 2 through his counsel within four weeks – On default in payment, the conditional order shall not be given effect to and the restoration petition shall remain dismissed without further reference to the Bench – On proof of payment, Cr.M.P. No. 3017 of 2024 to be restored and listed after a week of the payment before the appropriate bench – Criminal miscellaneous petition disposed of accordingly.

[ 2025:JHHC:17975 ]

IN THE HIGH COURT OF JHARKHAND AT RANCHI CrMP No. 957 of 2025

Mahfuj Alam & Ors. … Petitioners

Versus

The State of Jharkhand & Anr. … Opp. parties

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Ranjit Kumar , Adv. For the State : Mr. Vishwanath Roy, Spl. PP. For the opp. party no. 2 : Mr. Soumitra Baroi , Adv.

03 / 04.07.2025

Heard the parties.

This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of Cr.M.P. No. 3017 of 2024 to its original file.

Learned counsel for the petitioner submits that the Cr.M.P. No. 3017 of 2024 was dismissed vide order dated 28.10.2024 for non-compliance of the order of filing requisites for service of notice upon the opp. party no. 2. Learned counsel for the petitioners submits that as the Advocate’s Clerk had gone to his native place hence, the petitioner could not file the said requisites in time, which resulted in dismissal of Cr.M.P. No. 3017 of 2024. It is further submitted that the petitioner has very good grounds to agitate in this case and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Cr.M.P. No. 3017 of 2024 be restored to its original file.

Learned counsel for the opposite party no. 2 submits that the opposite party has been harassed by the petitioners by delaying the matter, hence, the opposite party be compensated adequately in terms of cost.

Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No. 3017 of 2024 is directed to be restored to its original file subject to payment of cost of Rs. 5,000/- by the petitioners to the opposite party no. 2 through his 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 remain dismissed without further reference to the Bench.

In case, the petitioners file the proof of payment of Rs. 5,000/- to the opposite party no. 2 through learned counsel for the opposite party no. 2 appearing in the record, then Cr.M.P. No. 3017 of 2024 be restored to its original file and Cr.M.P. No. 3017 of 2024 be listed after a week of the said payment before the appropriate bench.

This criminal miscellaneous petition is disposed of accordingly.

( ANIL KUMAR CHOUDHARY, J.)

Smita/-