( 2025:JHHC:34878 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1911 of 2025 ------ 1. Doman Mahto, Son of Late Barhan Mahto @ Barahan Gope, aged about 77 years old, Resident of Village-Labga, Post Office- Balkudra, Police Station-Basal, District-Ramgarh, Jharkhand. 2. Hulash Mahto @ Hulas Gope, Son of Late Bitan Mahto @ Bitan Gope @ Bilash Gope, aged about 65 years old, Resident of Village-Gegda, Post Office-Balkudra, Police Station-Basal, District-Ramgarh, Jharkhand. 3. Uday Gope @ Ugan Gope, Son of late Ghuni Mahto @ Late Ghani Gope @ Late Ghuni Yadav, aged about 53 years old, Resident of Village-Gegda, Post Office-Balkudra, Police Station-Basal, District-Ramgarh, Jharkhand. 4. Binod Yadav, Son of Birbal Yadav, aged about 48 years old, Resident of Village-Gegda, Post Office-Balkudra, Police Station- Basal, District-Ramgarh, Jharkhand. 5. Santosh Yadav, aged about 43 years old, Son of Late Dudheshwar Yadav, Resident of Village-Gegda, Post Office- Balkudra, Police Station-Basal, District-Ramgarh, Jharkhand. 6. Sunil Yadav, Son of Late Saraju Yadav, aged about 45 years old, Resident of Village-Gegda, Post Office-Balkudra, Police Station- Basal, District-Ramgarh, Jharkhand. 7. Naresh Yadav, Son of Sri Shital Gope @ Shital Yadav @ Sri Ritlal Yadav, aged about 38 years old, Resident of Village-Gegda, Post Office-Balkudra, Police Station-Basal, District-Ramgarh, Jharkhand. 8. Bhuneshwar Yadav @ Bhuieshwar Yadav, Son of Sri Karam Chand Yadav, aged about 39 years old, Resident of Village- Gegda, Post Office-Balkudra, Police Station-Basal, District- Ramgarh, Jharkhand. 9. Prem Nath @ Prem Chand Yadav, Son of Sri Birbal Yadav, aged about 45 years old, Resident of Village-Gegda, Post Office- Balkudra, Police Station-Basal, District-Ramgarh, Jharkhand. 10. Sanjay Yadav, Son of Late Dudheshwar Gope @ Late Dudheshwar Yadav, aged about 35 years old, Resident of Village-Gegda, Post Office-Balkudra, Police Station-Basal, District-Ramgarh, Jharkhand. … Petitioners Versus 1. The State of Jharkhand 2. Rambrit Yadav, Son of Late Kamal Yadav, Resident of Village- Gegda, Post Office-Balkudra, Police Station-Basal, District- Ramgarh, Jharkhand. 3. Dhaneshwar Gope, Son of Late Barhan Yadav, Resident of Village-Gegda, Post Office-Balkudra, Police Station-Basal, District-Ramgarh, Jharkhand. 4. Bhuneshwar Yadav, Son of Barhan Yadav, Resident of Village- Gegda, Post Office-Balkudra, Police Station-Basal, District- Ramgarh, Jharkhand. 5. Jageshwar Yadav, Son of Rambrit Yadav, Resident of Village- Gegda, Post Office-Balkudra, Police Station-Basal, District- Ramgarh, Jharkhand. 6. Prakash Yadav, Son of Rambrit Yadav, Resident of Village- Gegda, Post Office-Balkudra, Police Station-Basal, District- Ramgarh, Jharkhand. 7. Rajesh Yadav, Son of Bhuneshwar Yadav, Resident of Village- Gegda, Post Office-Balkudra, Police Station-Basal, District- Ramgarh, Jharkhand. 8. Pawan Yadav, Son of Bhuneshwar Yadav, Resident of Village- Gegda, Post Office-Balkudra, Police Station-Basal, District- Ramgarh, Jharkhand. 9. Mahesh Yadav, son of Dhaneshwar Gope, Resident of Village- Gegda, Post Office-Balkudra, Police Station-Basal, District- Ramgarh, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ajay Kr. Sinha, Advocate For the State : Mr. Ravi Kerketta, SC-VI For the OPs : Mr. Pankaj Verma, Advocate ------ Order No:-03 Dated:-21-11-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioners with the prayer for restoration of W.P.(Cr.) No.459 of 2022 to its original file which stood dismissed for non-prosecution on 21.01.2025. It is submitted by the learned counsel for the petitioner that W.P.(Cr.) No.459 of 2022 stood dismissed for non-prosecution on 21.01.2025 by this Court. It is next submitted that as the petitioners were out of station for their treatment, hence, the learned counsel for the petitioners could not appear before this Court when the said W.P.(Cr.) No.459 of 2022 was called out resulting in dismissal of the said W.P.(Cr.) No.459 of 2022 for non-prosecution. It is next submitted that non- prosecution before this Court on 21.01.2025 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said W.P.(Cr.) No.459 of 2022 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the W.P.(Cr.) No.459 of 2022 be restored to its original file. Learned counsel appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioners and the facts of this case, W.P.(Cr.) No.459 of 2022 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 W.P.(Cr.) No.459 of 2022 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 21/11/2025 Abhiraj/