IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2157 of 2024 ------ Smt. Meera Singh, aged about 65 years, son of late Jitendra Kumar Singh, resident of House No.297/B3, Basant Vihar Kanke Road, P.O.-Kanke, P.S.-Gonda, Dist.-Ranchi (Jharkhand) … Petitioner Versus 1. The State of Jharkhand 2. Nihit Garodia, s/o Shri Shraran Kumar Garodia, mob. No.9431108782, r/o 5/1 Vasant Vihar Kanke Road, P.O. - Kanke, P.S.-Gonda, Dist.-Ranchi, Pincode-834001 … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Anurag Kashyap, Advocate For the State : Mr. Vishwanath Roy, Spl. P.P. For O.P. No.2 : Mr. Shashank Shekhar No.3, Advocate ------ Order No.04 Dated- 24.01.2025 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of Cr.M.P. No. 3150 of 2023 to its original file. Learned counsel for the petitioner submits that Cr.M.P. No. 3150 of 2023 was dismissed for non-prosecution. It is next submitted that due to the mistake on the part of the Advocate clerk, the case could not be marked in the cause list and hence, the counsel for the petitioner could not appear before this Court when the case was called out and the same resulted in dismissal of Cr.M.P. No. 3150 of 2023. It is further submitted that the petitioner has very good grounds to agitate in this Cr.M.P. No. 3150 of 2023 and unless Cr.M.P. No. 3150 of 2023 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 3150 of 2023 be restored to its original file. Learned counsel for the opposite party no.2 submits that the petitioner is deliberately delaying the matter and harassing the opposite party no.2 by lingering the same. Hence, the opposite party no.2 be adequately compensated with costs. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 3150 of 2023 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.5,000/- by the petitioner to the opposite party no.2 through the counsel appearing in the record within four weeks, failing which, this conditional order shall not be given effect to and this criminal miscellaneous petition shall stand dismissed without further reference to the Bench. In case, the petitioner files the proof of payment of costs of Rs.5,000/- by the petitioner to the opposite party no.2 through the counsel appearing in the record within four weeks, list Cr.M.P. No. 3150 of 2023 under the appropriate heading after a week before the appropriate Bench. (Anil Kumar Choudhary, J.) Sonu-Gunjan/