Allowed¶18

Ashok Prasad v. the State of Jharkhand

Jharkhand HC17 Apr 2026Cr.M.P./1011/2026

Case brief

AI extract

What is this about?

Restoration of dismissed criminal miscellaneous petition; dismissal for non-compliance of peremptory order dated 22.12.2025; deposit of Rs.1,000/- with JHALSA; conditional restoration subject to costs of Rs.1,000/- payable to opposite party no.2 within two weeks; automatic dismissal on default; listing after proof of payment; Cr.M.P. No. 3402 of 2025; Cr.M.P. No. 1011 of 2026; High Court of Jharkhand at Ranchi; Anil Kumar Choudhary, J.; 17.04.2026.

What did the court decide?

Conditional restoration of Cr.M.P. No. 3402 of 2025 to its original file at the stage preceding its dismissal, subject to payment of costs of Rs.1,000/- by the petitioners to opposite party no.2 within two weeks; upon filing proof of payment, the restored petition to be listed under the appropriate heading after a week before the appropriate Bench. ¶18

Ashok Prasad Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Cr.M.P. No. 3402 of 2025, dismissed for non-compliance of the peremptory order dated 22.12.2025, ought to be restored to its original file.

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Court's answer

Cr.M.P. No. 3402 of 2025 is restored to its original file to the stage at which it stood before its dismissal, subject to payment of costs of Rs.1,000/- by the petitioners to the opposite party no.2 through the learned counsel appearing in the record within two weeks.

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Ratio / Principle

If the petitioners fail to pay the costs of Rs.1,000/- within two weeks, the conditional restoration order shall not be given effect to and the present criminal miscellaneous petition shall stand dismissed without further reference to the Bench.

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Detailed headnote1 paragraphs

Criminal Miscellaneous Petition — Restoration. (High Court of Jharkhand at Ranchi, Anil Kumar Choudhary, J., Order No.02 dated 17.04.2026, Cr.M.P. No. 1011 of 2026.) The petitioners sought restoration of Cr.M.P. No. 3402 of 2025, which had been dismissed for non-compliance of the peremptory order of the Court dated 22.12.2025 requiring deposit of Rs.1,000/- with the Jharkhand State Legal Services Authority (JHALSA), the non-compliance being attributed to bona fide and unavoidable circumstances. The Court restored Cr.M.P. No. 3402 of 2025 to its original file at the stage at which it stood before dismissal, conditioned on the petitioners paying costs of Rs.1,000/- to opposite party no.2 through the learned counsel on record within two weeks; failing payment, the conditional order shall not be given effect to and the present petition shall stand dismissed without further reference to the Bench. Upon proof of payment, the restored petition is to be listed under the appropriate heading after a week before the appropriate Bench.

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( 2026:JHHC:11162 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1011 of 2026

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Ashok Prasad, aged about 37 years, son of late Nandan Saw @ Nandan Prasad, resident of Village –Nawatand, P.O. & P.S. –Nawadiha Bazar, District –Palamau, Jharkhand.

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Santosh Prasad @ Santosh Kumar Gupta, aged about 38 years, son of late Nandan Saw @ Nandan Prasad, resident of Village –Nawatand, P.O. & P.S. –Nawadiha Bazar, District – Palamau, Jharkhand.

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Vinod Sao, aged about 52 years, son of late Pratap Sahu @ Shiv Prasad Sahu, resident of Village –Kanda, P.O. & P.S. – Bishrampur (Nawa Bazar), District –Palamau, Jharkhand. .... .... …. Petitioner

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Versus

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The State of Jharkhand

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Ram Pravesh Prasad @ Ram Prawesh Prasad, aged about 33 years, S/o –Bhola Saw, R/o Village –Eghara, Tola –Sobran Tand, P.O. & P.S. –Pratapur, District –Chatra, Jharkhand. .... .... .... Opp. Parties

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------

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner s : Mr. Ritesh Kr. Pathak, Advocate For the State : Mrs. Kumari Rashmi, Addl. P.P. For the O.P. No.2 : Mr. Raj Vardhan, Advocate

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------

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Order No.02 Dated- 17.04.2026

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Heard the parties.

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This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of Cr.M.P. No. 3402 of 2025 to its original file.

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Learned counsel for the petitioners submits that Cr.M.P. No. 3402 of 2025 was dismissed for non-compliance of peremptory order of this Court dated 22.12.2025 to deposit Rs.1,000/- with the Jharkhand State Legal Services Authority (JHALSA). It is next submitted that due to bona fide and unavoidable circumstances, the petitioners could not comply the aforesaid order within the stipulated time resulting in dismissal of the said Cr.M.P. No. 3402 of 2025. It is further submitted that the petitioners have very good grounds to agitate in this Cr.M.P. No. 3402 of 2025 and unless Cr.M.P. No. 3402 of 2025 is restored to its original file, the petitioners

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will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 3402 of 2025 be restored to its original file.

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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.

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Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No. 3402 of 2025 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.1,000/- by the petitioners to the opposite party no.2 through the learned counsel appearing in the record within two 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.

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In case, the petitioners file the proof of payment of costs of Rs.1,000/- by the petitioners to the opposite party no.2 through the learned counsel appearing in the record within two weeks, list Cr.M.P. No. 3402 of 2025 under the appropriate heading after a week before the appropriate Bench.

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(Anil Kumar Choudhary, J . )

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17.04.2026

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Sonu-

Ashok Prasad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ashok Prasad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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