[2025:JHHC:38195] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2927 of 2025 ------ Deen Dayal Sharma aged about 27 years son of Ravi Kant Sharma, resident of Nirsa Bazaar, Bhamal, PO + PS – Nirsa, Dist- Dhanbad (Jharkhand) … Petitioner Versus 1. The State of Jharkhand 2. Monika Kumari @ Monika Sharma W/O Deen Dayal Sharma D/o Anil Prasad, resident of near Reliance Tower, Digwadaih no.10, Ghatwar Basti, PO- Jealgora, P.S.- Jorapokhar, Dist- Dhanbad … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Dharmendra Kr. Malityar, Advocate For the State : Mr. Subodh Kr. Dubey, Addl.P.P. For the O.P. No.2 : Md. Shadab Ansari, Advocate ------ Order No:-03 Dated:-19-12-2025 Heard the parties. This miscellaneous petition has been filed by the petitioner with the prayer for restoration of A.B.A. No.7181 of 2023 its original file which stood dismissed for non-prosecution on 13.01.2025. It is submitted by the learned counsel for the petitioner that A.B.A. No.7181 of 2023 stood dismissed for non-prosecution on 13.01.2025 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 A.B.A. No.7181 of 2023 was called out resulting in dismissal of the said A.B.A. No.7181 of 2023 for non-prosecution. It is next submitted that non-prosecution before this Court on 13.01.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said A.B.A. No.7181 of 2023 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the A.B.A. No.7181 of 2023 be restored to its original file. Learned Addl.P.P. appearing for the State has not raised any serious objection. Learned counsel for the opposite party No.2 vehemently opposes the prayer of the petitioner for restoration of the said A.B.A. No.7181 of 2023 and submits that the opposite party No.2 will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party No.2 be compensated adequately. Considering the aforesaid submission of the learned counsel for the petitioner, A.B.A. No.7181 of 2023 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.10,000/- by the petitioner to the opposite party No.2 through his counsel appearing in the record within eight weeks from the date of this order. Registry is directed to list A.B.A. No.7181 of 2023 before the concerned Bench after eight weeks only if the petitioner files the proof of payment of the cost of Rs.10,000/- to the opposite party No.2 though his counsel appearing in the record within eight weeks from the date of this order failing which this conditional order shall not be given effect to and A.B.A. No.7181 of 2023 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 19.12.2025-Animesh/