IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1234 of 2024 ------ 1. Shashi Kant Rai, aged about 38 years, S/o- Late Bhagwan Rai, 2. Shail Kumar Devi @ Shail Kumari, aged about 63 years, S/o- Late Bhagwan Rai, Both resident of Village- Edalhatu, P.O. & P.S.- Bariyatu, District- Ranchi, Jharkhand. … Petitioners Versus 1. The State of Jharkhand 2. Asha Kumari, aged about 42 years, W/o- Shashikant Rai, D/o- Late Shachidanand Tiwari, permanent resident of Village- Edalhatu, P.O. & P.S.- Bariyatu, District- Ranchi, Jharkhand. At present resident of Quarter No.2426, Street-12, Sector-8/A, p.o.- Sector- 9, P.S.- Harla, Bokaro Steel City, District- Bokaro (Jharkhand). … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ajit Kumar Jha, Advocate For the State : Mr. Vineet Kumar Vashistha, Spl.P.P. ------ Order No:-04 Dated:-17-01-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioners with a prayer for restoration of Cr.M.P. No.141 of 2024 to its original file which stood dismissed for non-prosecution vide order dated 18.03.2024. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.141 of 2024 stood dismissed for non-prosecution vide order dated 18.03.2024. It is next submitted that Cr.M.P. No.141 of 2024 was listed before this Bench but due to inadvertence the learned counsel for the petitioner could not mark the Cr.M.P. No.141 of 2024 in the cause list, hence, he could not appear before this court when Cr.M.P. No.141 of 2024 was called out which resulted in dismissal of the said Cr.M.P. No.141 of 2024 for non- prosecution vide order dated 18.03.2024. It is next submitted that non- compliance of peremptory order dated 18.03.2024 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.141 of 2024 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.141 of 2024 be restored to its original file. Learned Spl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.141 of 2024 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.141 of 2024 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/