Petitioner sought restoration of a previously dismissed criminal miscellaneous petition to its original file. The court observed the opposite party did not appear despite valid notice. The petition was restored to the file before its dismissal.
Restoration of Cr.M.P. No.1721 of 2026 to its original file at the stage before its dismissal.
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( 2026:JHHC:27450 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2494 of 2026
Ashish Kumar, aged about 35 years, son of Jawahar Ram @ Jawahar Lal Ravi, Resident of village-Jamuwa, PO-Jamui, PS-Nagar Utari, Dist.-Garhwa, State-Jharkhand-822121.
… Petitioner
Versus
… Opposite Parties
-----CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Ranjan Kumar, Advocate For the State : Mrs. Anuradha Sahay, Addl.P.P.
------
Order No:-03 Dated:-11-09-2026
Heard the parties.
Though notice has validly been served upon the opposite party no.2 yet no one turns up on behalf of the opposite party no.2
This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.1721 of 2026 to its original file which stood dismissed for non-compliance of peremptory order dated 07.07.2026.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.1721 of 2026 stood dismissed for non-compliance of peremptory order dated 07.07.2026 for filing the supplementary affidavit peremptorily within two weeks. It is next submitted that due to inadvertence, the petitioner could not file the said supplementary affidavit within the stipulated time ; which resulted in dismissal of the said Cr.M.P. No.1721 of 2026 for non-compliance of peremptory order dated 07.07.2026. It is next submitted that non-compliance of peremptory order dated 07.07.2026 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.1721 of 2026 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.1721 of 2026 be restored to its original file.
Learned counsel appearing for the State 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.1721 of 2026 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.1721 of 2026 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 Cr.M.P. No.1721 of 2026 should be restored to its original file after dismissal for non-compliance of a peremptory order.
Ashish Kumar
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
