[2025:JHHC:38196] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2713 of 2025 ------ Sarina Khatoon, aged about 45 years, wife of Md. Mubarak, resident of Lepo Road, P.O. Hazaribag, P.S. Sadar Hazaribag, District Hazaribag, (Jharkhand) … Petitioner Versus 1. The State of Jharkhand through the Director General of Police, P.O. and P.S. Dhurwa, District Ranchi (Jharkhand) 2. Superintendent of Police, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag (Jharkhand) 3. Officer-in-charge, Hazaribag Sadar Police Station, P.O. Hazaribag, P.S. Sadar, District Hazaribag (Jharkhand) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ajay Kr. Trivedi, Advocate For the State : Mr. Ashutosh Anand, AAG III For the O.P. Nos. 2 and 3 : None ------ Order No:-03 Dated:-19-12-2025 Heard the parties. Though notice has been issued to the opposite party Nos.2 and 3 yet no one turns up on behalf of the opposite party Nos.2 and 3 in spite of repeated calls. This miscellaneous petition has been filed by the petitioner with the prayer for restoration of W.P. (Cr.) No.1008 of 2024 to its original file which stood dismissed for non-prosecution on 07.04.2025. It is submitted by the learned counsel for the petitioner that W.P. (Cr.) No.1008 of 2024 stood dismissed for non-prosecution on 07.04.2025 by this Court. It is next submitted that as the counsel for the petitioner was suffering from fever, hence, no one appeared before this Court when the said W.P. (Cr.) No.1008 of 2024 was called out resulting in dismissal of the said W.P. (Cr.) No.1008 of 2024 for non-prosecution. It is next submitted that non-prosecution before this Court on 07.04.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said W.P. (Cr.) No.1008 of 2024 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the W.P. (Cr.) No.1008 of 2024 be restored to its original file. Learned counsel appearing for the State vehemently opposes the prayer of the petitioner for restoration of the said W.P. (Cr.) No.1008 of 2024 and submits that the State will unnecessarily be harassed if the same is restored to its original file, hence, the State be compensated adequately. Considering the aforesaid submission of the learned counsel for the petitioner, W.P. (Cr.) No.1008 of 2024 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.5,000/- by the petitioner to the learned counsel appearing for the State within two weeks from the date of this order. Registry is directed to list W.P. (Cr.) No.1008 of 2024 before the concerned Bench after two weeks only if the petitioner files the proof of payment of the cost of Rs.5,000/- to the learned counsel appearing for the State within two weeks from the date of this order failing which this conditional order shall not be given effect to and W.P. (Cr.) No.1008 of 2024 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 19.12.2025-Animesh/