The High Court of Jharkhand, Ranchi, disposed of a Criminal Miscellaneous Petition filed by the petitioners seeking restoration of Cr.M.P. No. 3391 of 2023, which had been dismissed for failure to deposit a fee within the stipulated time.
Restoration of Cr.M.P. No. 3391 of 2023 to its original file and listing before the concerned Bench after a week.
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( 2026:JHHC:27442 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1927 of 2026
All are residents of Village Dhoriahi, P.O.-Baheri, P.S.-Hasanpur, District-Samastipur (Bihar), at present residing in MohallaRambag, East of Kankali Temple, P.O. & P.S.-KSDSU (Lalbag), District-Darbhanga (Bihar).
… Petitioners
Versus
… Opposite Parties ------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Lukesh Kumar, Advocate For the State : Mr. V.K. Vashistha, Spl.P.P. For the OP 2 : Ms. Shivani Jaluka, Advocate
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Order No:-03 Dated:-11-09-2026
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioners with the prayer for restoration of Cr.M.P. No.3391 of 2023 to its original file which stood dismissed for non-compliance of peremptory order dated 20.02.2026.
It is submitted by the learned counsel for the petitioners that Cr.M.P. No.3391 of 2023 stood dismissed for non-compliance of peremptory order dated 20.02.2026 for depositing the payment of Rs.2,000/- with the Jharkhand State Legal Services Authority (JHALSA) within four weeks. It is next submitted that due to inadvertence and miscommunication, the petitioners could not deposit the said amount
within the stipulated time ; which resulted in dismissal of the said Cr.M.P. No.3391 of 2023 for non-compliance of peremptory order dated 20.02.2026. It is next submitted that non-compliance of peremptory order dated 20.02.2026 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.3391 of 2023 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.3391 of 2023 be restored to its original file.
Learned counsel appearing for the State and the learned counsel for the opposite party no.2 has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioners and the facts of this case, Cr.M.P. No.3391 of 2023 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.3391 of 2023 before the concerned Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J . )
11/09/2026 Abhiraj/
3 issues framed by the court
Whether the Cr.M.P. No. 3391 of 2023 can be restored to its original file for non-compliance of a peremptory order due to inadvertence?
Whether the petitioners should be allowed to deposit the prescribed fee to avoid dismissal?
Whether the State or opposite party raised serious objection to the restoration of the dismissed petition?
Baidyanath Mandal and others
State of Jharkhand
Kumari Arpana
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
