IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3400 of 2024 ------ Diwakar Mishra, aged about 35 years, S/o-Chandrasekhar Mishra, R/o- 176/A, First Floor, Co-operative Colony, P.O. + P.S.-Bokaro Steel City, Dist.-Bokaro, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Divya Mishra, W/o Diwakar Mishra, aged about 31 years, R/o Q.No.2049, Street-3, Sector 4/A, P.O. Bokaro, P.S.-Sector-4, Distt.- Bokaro. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Avishek Prasad, Advocate For the State : Mr. Addl.P.P. ------ Order No:-03 Dated:-21-02-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.405 of 2023 to its original file; which stood dismissed for non-compliance vide order dated 18.09.2023. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.405 of 2023 stood dismissed for non-compliance vide order dated 18.09.2023 for filing the requisites for service of notice upon the opposite party no.2 peremptorily within six weeks. It is next submitted that due to lack of communication from the counsel, the petitioner could not file the said requisites within the stipulated time; which resulted in dismissal of the said Cr.M.P. No.405 of 2023 for non-compliance vide order dated 18.09.2023. It is next submitted that non-compliance of the said order dated 18.09.2023 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.405 of 2023 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.405 of 2023 be restored to its original file. Learned Addl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.405 of 2023 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.405 of 2023 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/