[ 2025:JHHC:34155 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI CrMP No. 2457 of 2025 1. Rajendra Prasad Sah @ Rajendra Sah, aged about 49 years, son of late Chhedi Sah, residence of Village Borio, P.O. Borio, P.S. Borio, District Sahibganj 2. Rita Devi, aged about 47 Years, wife of Rajendra Prasad Sah, resident of Village Borio, P.O. Borio, P.S. Borio, District Sahibganj … Petitioners Versus 1. The State of Jharkhand 2. Mala Devi, wife of Late Jai Prakash Sah, resident of Village Borio, Dhobi Tola, P.O. Borio & P.S. Borio, District, Sahibganj … Opp. parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. Shiv Kumar Sharma ,Adv. For the State : Mr. Kaushik Sarkhel, Adv. For the O.P.no.2 : Ms. Saba Ali,Adv. 03 / 14.11.2025 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioner for restoration of CrMP no. 489 of 2024 to its original file. Learned counsel for the petitioners submits that the CrMP no. 489 of 2024 was dismissed for non –compliance of the order dated 11.07.2025. Learned counsel for the petitioners submits that as the petitioner was in hospital, hence, he could not comply the said order within the stipulated time, which resulted in dismissal of CrMP no. 489 of 2024. It is further submitted that the petitioners have very good grounds to agitate in this case and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that CrMP no. 489 of 2024 be restored to its original file. Learned counsel for the opposite party no. 2 submits that the opposite party no. 2 has been harassed by the petitioners by delaying the matter, hence, the opposite party no. 2 be compensated adequately in terms of cost. Considering the aforesaid submission of the learned counsel for the petitioner, CrMP no. 489 of 2024 is directed to be restored to its original file subject to payment of cost of Rs. 10,000/- by the petitioners to the counsel appearing for opposite party no. 2 within four weeks, failing which, this conditional order shall not be given effect to and this criminal miscellaneous petition shall remain dismissed without further reference to the Bench. In case, the petitioners file the proof of payment of Rs. 10,000/- to the counsel appearing for opposite party no. 2 in the record within four weeks, then CrMP no. 489 of 2024 be restored to its original file and CrMP no. 489 of 2024 be listed after a week of the said payment. (ANIL KUMAR CHOUDHARY, J.) Dated 14.11.2025 Smita/-