[2026:JHHC:3260] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3208 of 2025 ------ 1. Shri Gopi Krishna Choubey @ Gopi Krishna Choube @ Chaube @ Choube, aged about 63, S/o – Gopal Choube, R/o – Near, New Bank Colony, Steel Gate, P.O. & P.S. Saraidhela, District – Dhanbad, Jharkhand. 2. Shri Niraj Chaube, aged about 40 years, Son of Gopi Krishna Chaube, resident of Near Kidzee School, New Bank Colony, Steel Gate, P.O. & P.S. Saraidhela, District- Dhanbad, Jharkhand … Petitioners Versus 1. The State of Jharkhand 2. Ajay Kumar Verma, s/o Shri Devendra Prasad Verma, Aged about 39 years, R/o – Sonar Bast, Bastakola, P.O. & P.S. Jharia, Dhanbad, Jharkhand … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ram Badan Choubey, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl. P.P. For the O.P. No.2 : None ------ Order No:-03 Dated:-06-02-2026 Heard the parties. Though notice has validly been served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls. This criminal miscellaneous petition has been filed by the petitioners with the prayer for restoration of Cr.M.P. No.34 of 2023 to its original file which stood dismissed for non-prosecution on 18.09.2025 by this Court. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.34 of 2023 stood dismissed for non-prosecution on 18.09.2025 by this Court. It is next submitted that the counsel for the petitioners could not mark the case in the list, hence, no one appeared before this Court when the said Cr.M.P. No.34 of 2023 was called out resulting in dismissal of the said Cr.M.P. No.34 of 2023 for non-prosecution. It is next submitted that non-prosecution before this Court on 18.09.2025 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.34 of 2023 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.34 of 2023 be restored to its original file. Learned Addl. P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.34 of 2023 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 Cr.M.P. No.34 of 2023 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 06.02.2026-Animesh/