IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.87 of 2025 ------ Amrendra Dutt Dwivedi son of Late Ambika Dutt Dwivedi aged about 45 years, resident of Karamtoli, Ahir Toli, P.O.-Morabadi, P.S.-Lalpur, District Ranchi, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Anima Dwivedi wife of Santosh Tiwary, Daughter of Late Ambika Dutt Dwivedi, Resident of Tagor Palace, Flat No.E-1 Block A, Morabadi Post and P.S. Bariatu, District Ranchi. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pradeep Kr. Nayak, Advocate For the State : Mr. Bishambhar Shastri, Addl.P.P. For the OP 2 : Mr. Aman Kumar Rahul, Advocate : Ms. Sonali Bhattacharjee, Advocate : Mr. Anant Vikram, Advocate ------ Order No:-03 Dated:-28-03-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of Cr.M.P. No.3196 of 2019 to its original file which stood dismissed for non-prosecution of the order dated 17.09.2024. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3196 of 2019 stood dismissed for non-compliance of the order dated 30.08.2024 for filing the supplementary affidavit peremptorily within two weeks. It is next submitted that Cr.M.P. No.3196 of 2019 was listed before this Bench on 17.09.2024 and the learned counsel for the petitioner could not hear the said peremptory order due to which the said defect could not be removed; which resulted in dismissal of the said Cr.M.P. No.3196 of 2019. It is next submitted that non-prosecution of the said order dated 17.09.2024 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.3196 of 2019 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.3196 of 2019 be restored to its original file. Learned Addl.P.P. appearing for the State has not raised any serious objection. Learned counsel for the opposite party No.2 vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.3196 of 2019 and submits that the opposite party No.2 will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party No.2 be compensated adequately. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.3196 of 2019 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.10,000/- by the petitioner to the opposite party No.2 through his counsel within four weeks from the date of this order. Registry is directed to list Cr.M.P. No.3196 of 2019 before the concerned Bench after two weeks only if the petitioner files the proof of paying the cost of Rs.10,000/- to the opposite party No.2 through his counsel appearing in the record, within four weeks from the date of this order; failing which this conditional order shall not be given effect to and Cr.M.P. No.3196 of 2019 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/