[2025:JHHC:36582] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3057 of 2023 ------ Jaysai N.K. @ Jisy N.K. @ Jaysi N.K. aged about 36 years, D/o Balu M.M. Nedumkandathil Kodually, P.O.- South Koduvally, P.S.- Kozhikode, District- Kozhikode, Kerala – 763572. … Petitioner Versus 1. The State of Jharkhand 2. Dipanjali Kumari Sinha, wife of Abhay Kumar Singh, daughter of Kauslesh Kumar Sinha, resident of Prabhat Bhawan, South Shivpuri, P.O. and P.S.- Hazaribagh, Town and District- Hazaribagh … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Anish Kr. Mishra, Advocate For the State : Mrs. Nehala Sharmin, Spl.P.P. (through VC) For the OP No.2 : Mr. Ashok Kr. Singh, Advocate ------ Order No:-07 Dated:-05-12-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.180 of 2023 to its original file which stood dismissed for non-prosecution vide order dated 30.08.2023. Learned counsel for the petitioner submits that Cr.M.P. No.180 of 2023 stood dismissed for non-prosecution vide order dated 30.08.2023. It is next submitted that when Cr.M.P. No.180 of 2023 was called up before this Court, the learned counsel for the petitioner could not turn up as the counsel’s wife was suffering from illness and appointment was booked with the doctor for her treatment on the same date; which resulted in dismissal of the said Cr.M.P. No.180 of 2023 for non-prosecution vide order dated 30.08.2023. It is further submitted that non-appearance of the learned counsel for the petitioner before this Court 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.180 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.180 of 2023 be restored to its original file. Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 have not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.180 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.180 of 2023 before the appropriate Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 05.12.2025 Saroj/