Amit Kumar Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

Amit Kumar Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional restoration of Cr.M.P. No.2972 of 2025 to its original file at the same stage as before dismissal, subject to payment of Rs.10,000/- cost by the petitioner to opposite party No.2 within two weeks from the date of the order, with listing before the concerned Bench after two weeks only upon proof of payment of the cost.

Issue for consideration

Whether Cr.M.P. No.2972 of 2025, dismissed for non-compliance with the peremptory order dated 13.11.2025, should be restored to its original file. +1 more

Court's answer

Considering the facts of the case and the counsel's submissions, the Court directed that Cr.M.P. No.2972 of 2025 be restored to its original file at the same stage at which it stood before its dismissal.

Ratio / Principle

The restoration is made conditional on payment of cost of Rs.10,000/- by the petitioner to opposite party No.2 through his counsel appearing in the record within two weeks from the date of the order.

Key takeaways

The Registry is directed to list the restored Cr.M.P. No.2972 of 2025 before the concerned Bench after two weeks only if the petitioner files proof of payment of the Rs.10,000/- cost; failing which the conditional order shall not be given effect to and Cr.M.P. No.2972 of 2025 shall remain dismissed.ratio¶¶15
The present criminal miscellaneous petition (Cr.M.P. No.91 of 2026) is disposed of accordingly.ratio¶¶16

Detailed headnote1 paragraphs

Criminal Miscellaneous Procedure – Restoration of dismissed petition. By Order No.03 dated 10-04-2026, the High Court of Jharkhand at Ranchi (Anil Kumar Choudhary, J.), hearing Cr.M.P. No.91 of 2026 filed by Amit Kumar, disposed of the prayer for restoration of Cr.M.P. No.2972 of 2025, which had stood dismissed for non-compliance with the peremptory order dated 13.11.2025 passed by the Court directing filing of the requisites for service of notice upon opposite party No.2 (XXX, Victim/Informant). The Court directed restoration of Cr.M.P. No.2972 of 2025 to its original file at the same stage at which it was before its dismissal, subject to payment of cost of Rs.10,000/- by the petitioner to opposite party No.2 through his counsel appearing in the record within two weeks from the date of the order. The Registry is directed to list Cr.M.P. No.2972 of 2025 before the concerned Bench after two weeks only if the petitioner files proof of payment of the cost, failing which the conditional order shall not be given effect to and Cr.M.P. No.2972 of 2025 shall remain dismissed. Counsel had explained that the requisites could not be filed in time owing to the advocate's clerk being engaged in treatment of a family member; learned Addl. P.P. for the State raised no serious objection, while opposite party No.2 opposed restoration and sought adequate compensation, which the Court addressed by way of the conditional cost.

[2026:JHHC:10432] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.91 of 2026

Amit Kumar, aged about 30 years, Son of Sakhichand Ram, Resident of Village- Mangardah, P.O. & P.S.- Nagar Untari, Dist.- Garhwa

… Petitioner

The State of Jharkhand

… 2. XXX (Victim/Informant) Opposite Parties

-----CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioner : Mr. Pankaj Srivastava, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl. P. P. For the O.P. No.2 : Mr. Pravin Kr. Pandey, Advocate ------

Order No:-03 Dated:-10-04-2026

Heard the parties.

This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.2972 of 2025 to its original file which stood dismissed for non-compliance of the peremptory order dated 13.11.2025 passed by this Court.

It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2972 of 2025 stood dismissed for non-compliance of the peremptory order dated 13.11.2025 passed by this Court to file the requisites for service of notice upon the opposite party No.2. It is next submitted that due to engagement of the advocate’s clerk in the treatment of his family member, the said requisites could not be filed within the stipulated time, which resulted in dismissal of the said Cr.M.P. No.2972 of 2025 for non-compliance of the said peremptory order dated 13.11.2025 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 13.11.2025 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.2972 of 2025 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.2972 of 2025 be restored to its original file.

Learned Addl.P.P. appearing for the State has not raised any serious objection.

Learned counsel for the opposite party No.2 vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.2972 of 2025 and submits that the opposite party No.2 will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party No.2 be compensated adequately.

Considering the facts of the case and the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.2972 of 2025 is directed to be restored to its original file at the same stage at which it was before its dismissal subject to payment of cost of Rs.10,000/- by the petitioner to the opposite party No.2 through his counsel appearing in the record within two weeks from the date of this order.

Registry is directed to list Cr.M.P. No.2972 of 2025 before the concerned Bench after two weeks only if the petitioner files the proof of payment of the cost of Rs.10,000/- to the opposite party No.2 though his counsel appearing in the record within two weeks from the date of this order failing which this conditional order shall not be given effect to and Cr.M.P. No.2972 of 2025 shall remain dismissed.

This criminal miscellaneous petition is disposed of accordingly.

(Anil Kumar Choudhary, J . )

Dated-10.04.2026-Animesh/