[2025:JHHC:19817] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.815 of 2025 ------ 1. Tushar Dalmia, age 39 years, son of Sri Sunil Dalmia, resident of Flat No.5B, Suket Apartment 20, Ballygunge Circular Road, Near Punjab Club, Ballygunge, P.O. & P.S. Ballygunge, District- Kolkata, West Bengal 2. Binod Kumar Dhanuk @ Binod Kuamr Dhanak, age 39 years, son of Ram Swarup Dhanuk, resident of 8, mayor bhanj Road, Near Indra Sporting Club, ekbalpore, Khiddirpore, P.O. & P.S.- Kiddirpore, District- Kolkata, West Bengal … Petitioners Versus 1. The State of Jharkhand 2. Awadhesh Kumar Singh, Factory Inspector, Serikella-Kharsawa, Circle No.2, P.O. & P.S.- Serikella, District- Serikella Kharsawa … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Amrita Sinha, Advocate For the State : Md. Shahabuddin, SC VII Mr. Anuj Kr. Trivedi, AC to SC VII ------ Order No:-03 Dated:-18-07-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.837 of 2021 to its original file which stood dismissed for non-prosecution on 30.08.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.837 of 2021 stood dismissed for non-prosecution on 30.08.2024 by this Court. It is next submitted that as the counsel for the petitioner could not mark the case, hence, no one appeared before this Court when the said Cr.M.P. No.837 of 2021 was called out resulting in dismissal of the said Cr.M.P. No.837 of 2021 for non-prosecution. It is next submitted that non-prosecution before this Court on 30.08.2024 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.837 of 2021 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.837 of 2021 be restored to its original file. Learned counsel appearing for the State vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.837 of 2021 and submits that the State will unnecessarily be harassed if the same is restored to its original file, hence, the State be compensated adequately. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.837 of 2021 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.5,000/- by the petitioner to the learned counsel for the State within a week from the date of this order. Registry is directed to list Cr.M.P. No.837 of 2021 before the concerned Bench after a week only if the petitioner files the proof of payment of the cost of Rs.5,000/- to the learned counsel for the State within a week from the date of this order failing which this conditional order shall not be given effect to and Cr.M.P. No.837 of 2021 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/