( 2025:JHHC:38308 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1092 of 2025 ------ 1. Smt. Bharti Mitra, aged about 75 years, widow of Late Sh. Sagar Bihar Mitra, 2. Animesh Mitra, aged about 49 years, son of Late Sagar Bihar Mitra, Both are residents of Village-Chinpai, P.O.-Chinpai, Chinpai Gram Panchayat, P.S.-Sadaipur, District-Birbhum, (West Bengal). … Petitioners Versus 1. The State of Jharkhand 2. Shiuli Mitra, wife of Animesh Mitra, daughter of Madhusudan Das, Resident of Village-Gwalakhore, P.O.-Gwalakhore, P.S.- Barharwas, District-Sahebganj, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Karan Pandey, Advocate For the State : Mr. Devesh Krishna, SC Mines III : Mr. Faisal Allam, AC to SC Mines-III For the OP 2 : Mr. R.R. Shekhar Singh, Advocate ------ Order No:-04 Dated:-19-12-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioners with the prayer for restoration of W.P.(Cr.) No.881 of 2024 to its original file which stood dismissed for non-prosecution on 27.03.2025. It is submitted by the learned counsel for the petitioner that W.P.(Cr.) No.881 of 2024 stood dismissed for non-prosecution on 27.03.2025 by this Court. It is next submitted that due to City shutdown on that day, the learned counsel for the petitioners could not appear before this Court when the said W.P.(Cr.) No.881 of 2024 was called out resulting in dismissal of the said W.P.(Cr.) No.881 of 2024 for non- prosecution. It is next submitted that non-prosecution before this Court on 27.03.2025 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.881 of 2024 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.881 of 2024 be restored to its original file. Learned counsel appearing for the State has not raised any serious objection. Learned counsel for the opposite party No.2 vehemently opposes the prayer of the petitioners for restoration of the said W.P.(Cr.) No.881 of 2024 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 petitioners, W.P.(Cr.) No.881 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 opposite party No.2 through his counsel appearing in the record within four weeks from the date of this order. Registry is directed to list W.P.(Cr.) No.881 of 2024 before the concerned Bench after four weeks only if the petitioners file the proof of payment of the cost of Rs.5,000/- to the opposite party No.2 through his counsel appearing in the record within four weeks from the date of this order failing which this conditional order shall not be given effect to and W.P.(Cr.) No.881 of 2024 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 19/12/2025 Abhiraj/