A single-judge order in a Criminal Miscellaneous Petition seeking restoration of a previously dismissed petition. The court accepted the petitioner's explanation of inadvertence and ordered the restoration of the file for further proceedings.
Restoration of Cr.M.P. No.3390 of 2023 to its original file and listing after a week.
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( 2026:JHHC:27445 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1958 of 2026
Pratibha Rani @ Pratima Rani, W/o Anirudh Singh, aged about 38 years, r/o Village Dhoriahi, P.O.-Baheri, P.S.-Hasanpur, DistrictSamastipur (Bihar), at present Mohalla Rambag, East of Kankali Temple, Darbhanga, P.O.-KSDSU (Lalbagh), P.S.-L.N.M.U., DistrictDarbhanga (Bihar).
… Petitioner
Versus
… Opposite Parties ------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. Lukesh Kumar, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P. For the OP 2 : Ms. Shivani Jaluka, Advocate
------
Order No:-03 Dated:-11-09-2026
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.3390 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 petitioner that Cr.M.P. No.3390 of 2023 stood dismissed for non-compliance of peremptory order dated 20.02.2026 for depositing the payment of Rs.4,000/- with the Jharkhand State Legal Services Authority (JHALSA) within four weeks. It is next submitted that due to inadvertence and miscommunication, the petitioner could not deposit the said amount within the stipulated time ; which resulted in dismissal of the said Cr.M.P. No.3390 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 petitioner has very good grounds to agitate in the said Cr.M.P. No.3390 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.3390 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 petitioner and the facts of this case, Cr.M.P. No.3390 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.3390 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/
1 issue framed by the court
Whether to restore Cr.M.P. No.3390 of 2023 to its original file due to inadvertent non-compliance of a peremptory order?
Pratibha Rani @ Pratima Rani
The 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
