JHARKHAND HIGH COURT ISSUES ORDER ON DR. BHAWNA V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, Jan. 6 -- Jharkhand High Court issued the following order on Dec. 5:

Heard the parties.

This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.972 of 2020 to its original file which stood dismissed for non-compliance of peremptory order dated 19.09.2024.

It is submitted by the learned counsel for the petitioner that Cr.M.P. No.972 of 2020 stood dismissed for non-compliance of peremptory order dated 19.09.2024 for removing the defects pointed out by the stamp reporter peremptorily within four weeks. It is next submitted that due to situation beyond his control, the learned counsel for the petitioner could not remove the defects pointed out by the stamp reporter within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.972 of 2020 for non-compliance of peremptory order dated 19.09.2024. It is next submitted that non-compliance of peremptory order dated 19.09.2024 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.972 of 2020 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.972 of 2020 be restored to its original file.

Learned counsel 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.972 of 2020 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 aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.972 of 2020 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.972 of 2020 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 through 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.972 of 2020 shall remain dismissed.

This criminal miscellaneous petition is disposed of accordingly.

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