2025:JHHC:12394 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 705 of 2025 --------- Suman Lata, aged about 35 years, W/o Brajesh Bahadur @ Brajesh Kumar, R/o-Qtrs. No.455/1, Lal Buildilng, Railway Colony, P.O. & P.S.-Bagbera, Jamshedpur, District-East Singhbhum … … Petitioner Versus 1. State of Jharkhand 2. Nandni Kumari, W/o-Rajesh Kumar, R/o-Qtr. No.455/2, Lal Building, Railway Colony, P.O. & P.S.-Bagbera, Jamshedpur, District-East Singhbhum …. Opp. Parties --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate For the O.P. State : Mr. Anup Pawan Topno, A.P.P. ----------- 07/Dated: 30th October, 2025 1. Heard learned counsel for the parties. 2. This criminal miscellaneous petition has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 by the petitioner with a prayer for restoration of Cr.M.P No.1139 of 2019 to its original file which was dismissed for non-prosecution on 05.02.2025. 3. It is submitted by learned counsel for the petitioner that Cr.M.P No.1139 of 2019 was dismissed for non-prosecution on 05.02.2025. It is next submitted that due to clerical error, the case could not be marked and when the case was called out, the arguing counsel could not appear before the court to argue the case. It is further submitted that the laches on part of the petitioner was neither deliberate nor intentional. It is then submitted that the petitioner has good grounds to agitate in the Cr.M.P No.1139 of 2019 and unless Cr.M.P No.1139 of 2019 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Cr.M.P No.1139 of 2019 be restored to its original file. 4. Learned counsel appearing for the State has opposed the prayer raised on behalf of the petitioner. 2025:JHHC:12394 2 5. Considering the aforesaid submission of the learned counsel for the petitioner and the facts of this case, Cr.M.P No.1139 of 2019 is restored to its original file. 6. Registry is directed to list Cr.M.P No.1139 of 2019 before the concerned Bench. 7. This criminal miscellaneous petition is disposed of accordingly. (Pradeep Kumar Srivastava, J.) 30/10/2025 Pappu/- Uploaded:- 01/11/2025