The court has the discretion to set aside previous orders and restore a complaint case with conditions in the interest of justice.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. This petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

2. Mr. Anurag Kashyap has appeared on behalf of opposite party nos. 2 to 4. Opposite party nos. 5 and 6 are police officers and they are being represented by Mr. Saket Kumar, learned A.P.P. appearing for the State. Thus, there is no question of issuing fresh notice upon opposite party nos. 5 and 6.

3. This petition has been filed for quashing the order dated 20.02.2018 passed in C/1 Case No. 903 of 2017 by the learned Judicial Magistrate, 1st Class, Jamshedpur whereby the complaint petition filed by the petitioner was dismissed under Section 204(4) of Cr.P.C. The further prayer is made for quashing the order dated 21.04.2018 passed in Criminal Revision No. 121 of 2018 passed by the learned Sessions Judge, East Singhbhum at Jamshedpur whereby revision filed by the petitioner against the order dated 20.02.2018 was dismissed.

4. The cognizance has been taken against the opposite party nos. 2 to 6 and the petitioner was directed to file requisites for issuance of summon. Against the cognizance order dated 03.08.2017, the petitioner filed a petition on 18.08.2017 stating therein that the petitioner wants to prefer revision application against the order dated 03.08.2017. The petitioner preferred Criminal Revision No. 225 of 2017 before the court of the learned Sessions Judge, East Singbhum at Jamshedpur which was dismissed vide order dated 07.12.2017. Thereafter on 11.12.2017, the petitioner filed an adjournment petition which was allowed and further date was fixed for 20.01.2018. On the very next date i.e. 20.02.2018, the complaint filed by the petitioner was dismissed under Section 204(4) Cr.P.C. for non-payment of process fess vide order dated 20.02.2018 passed in C/1 Case No. 903 of 2017 by the learned Judicial Magistrate, 1st Class, Jamshedpur. The petitioner preferred Criminal Revision No. 121 of 2018 which was also dismissed vide order dated 21.04.2018 by the learned Sessions Judge, East Singhbhum at Jamshedpur.

5. Learned counsel for the petitioner submits that the petitioner is ready to furnish any condition put by this Court and he will comply the order.

6. Learned counsel for opposite party nos. 2 to 4 submits that several opportunity were provided to the petitioner and thereafter the impugned order was passed. He further submits that there is no illegality in the impugned orders and this Court may not interfere with the impugned orders.

7. In view of the above facts and considering that the cognizance has been taken against the accused persons by the learned court below and the criminal revision preferred by the petitioner was dismissed and subsequently for non-payment of process fees, the complaint petition filed by the petitioner was dismissed under Section 204(4) Cr.P.C. and against that order the criminal revision preferred by the petitioner was also dismissed, in the interest of justice, it is desirable that the complaint case filed by the petitioner is required to be restored.

8. Accordingly, the order dated 20.02.2018 passed in C/1 Case No. 903 of 2017 by the learned Judicial Magistrate, 1st Class, Jamshedpur as well as the order dated 21.04.2018 passed in Criminal Revision No. 121 of 2018 passed by the learned Sessions Judge, East Singhbhum at Jamshedpur are, hereby, set aside. The complaint case being C/1 Case No. 903 of 2017 is restored to its original file with the same number. The petitioner shall pay necessary process fees within two weeks in the concerned court. In the event of nonpayment of process fee within the aforesaid period, no further opportunity shall be provided to the petitioner and the said complaint case shall stand dismissed.

9. With the above observation and direction, this