[2025:JHHC:38200] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2330 of 2025 ------ 1. Manjulata Toppo D/o Arbin Pascal Toppo, aged about 52 Years 2. Basil Toppo S/o Arbin Pascal Toppo, aged about 51 Years Both residents of H.No.10, B Block, Tuiladungri, P.O. & P.S. – Golmuri, Jamshedpur, District- East Singhbhum … Petitioners Versus 1. The State of Jharkhand 2. Ajay Kumar Lakra S/o Mr. Prabal Sugan Lakra, residents of TJ 2/10, Sone Road, Old Baridih, P.O.- Baridih, P.S.- Sidhgora, Jamshedpur, District- East Singhbhum … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Jitesh Kumar, Advocate For the State : Mr. Pankaj Kumar, P.P. ------ Order No:-03 Dated:-19-12-2025 Heard the parties. Though notice has been issued to the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls. This miscellaneous petition has been filed by the petitioner with the prayer for restoration of Acquittal Appeal (C) No.07 of 2025 its original file which stood dismissed for non-prosecution on 10.07.2025. It is submitted by the learned counsel for the petitioner that Acquittal Appeal (C) No.07 of 2025 stood dismissed for non-prosecution on 10.07.2025 by this Court. It is next submitted that the counsel for the petitioner could not mark the case in the list, hence, no one appeared before this Court when the said Acquittal Appeal (C) No.07 of 2025 was called out resulting in dismissal of the said Acquittal Appeal (C) No.07 of 2025 for non-prosecution. It is next submitted that non-prosecution before this Court on 10.07.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Acquittal Appeal (C) No.07 of 2025 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Acquittal Appeal (C) No.07 of 2025 be restored to its original file. Learned P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Acquittal Appeal (C) No.07 of 2025 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 Acquittal Appeal (C) No.07 of 2025 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 19.12.2025-Animesh/