[2026:JHHC:7937] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3803 of 2025 ------ Dr. Arun Rai, Son of Late Shiv Pujan Rai, aged about 50 years, Resident of Sandwell Nurshing Home, Mission Road, P.O., P.S. & District- Hazaribag … Petitioner Versus 1. The State of Jharkhand 2. Dinesh Kumar Rana son of Late Awadh Kishore Rana, Resident of Banshi Lal Chowk, P.O., P.S. & District- Hazaribag … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Binod Kumar, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl. P. P. For the O.P. No.2 : Mr. Harsh Raj, Advocate ------ Order No:-03 Dated:-20-03-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.2015 of 2017 to its original file which stood dismissed for non-prosecution on 22.04.2025. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2015 of 2017 stood dismissed for non-prosecution on 22.04.2025 by this Court. It is next submitted that due to cough and fever, the counsel for the petitioner could not appear on 22.04.2025, hence, no one appeared before this Court when the said Cr.M.P. No.2015 of 2017 was called out; resulting in dismissal of the said Cr.M.P. No.2015 of 2017 for non-prosecution. It is next submitted that non-prosecution before this Court on 22.04.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.2015 of 2017 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.2015 of 2017 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 Cr.M.P. No.2015 of 2017 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, Cr.M.P. No.2015 of 2017 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 Cr.M.P. No.2015 of 2017 before the concerned Bench after four weeks only if the petitioner files 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 Cr.M.P. No.2015 of 2017 shall remain dismissed . This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 20.03.2026-Animesh/