[2026:JHHC:15238] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 631 of 2026 Kamakhya Tiwari @ Kamakhya Tiwary, aged about 64 years, S/o. Late Deonath Tiwari, R/o. Qr. No. 127, Road No. 09, Aditya Garden, Bhatia Basti, Adityapur, P.O. Adityapur, P.S. Adityapur, District Seraikella Kharsawan, Jharkhand, Pin Code - 831013 … Petitioner Versus 1. The State of Jharkhand 2. R. Anandappan, S/o. S.S.K. Ramaswamy, R/o. P-13/11, Telco, P.O. and P.S. Telco, Town Jamshedpur, District East Singhbhum, Jharkhand, and Presently Residing at 301, Victoria Club, Gournagar near Sri Suraj Ashram, Post Office Road, P.O. and P.S. Mango, Jamshedpur, Dist.- - East Singhbhum, Jharkhand … Opp. Parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Om Prakash, Adv. For the State : Mr. Suraj Deo Munda, Addl. PP For the O.P.No. 2 : Mr. Agnivesh, Adv. 03 / 15.05.2026 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of Cr.M.P. No. 1797 of 2018 to its original file. Learned counsel for the petitioner submits that the Cr.M.P. No. 1797 of 2018 was dismissed for non- prosecution vide order dated 27.11.2025. Learned counsel for the petitioners submits that due to non- marking of the case, the conducting counsel for the petitioner could not attend the court when the case was called out, which resulted in dismissal of Cr.M.P. No. 1797 of 2018. It is further submitted that the petitioner has very good grounds to agitate in this case and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Cr.M.P. No. 1797 of 2018 be restored to its original file. Learned counsel for the opposite party no. 2 submits that the opposite party no. 2 has been harassed by the petitioner by delaying the matter, hence, the opposite party no. 2 be compensated adequately in terms of cost. Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No. 1797 of 2018 is directed to be restored to its original file subject to payment of cost of Rs. 10,000/- by the petitioner to the opposite party no. 2 through her counsel appearing in the record within four weeks, failing which, this conditional order shall not be given effect to and this criminal miscellaneous petition shall remain dismissed without further reference to the Bench. In case, the petitioner files the proof of payment of Rs. 10,000/- to the opposite party no. 2 through learned counsel for the opposite party no. 2 appearing in the record, then Cr.M.P. No. 1797 of 2018 be restored to its original file and Cr.M.P. No. 1797 of 2018 be listed after a week of the said payment before the appropriate bench. This criminal miscellaneous petition is disposed of accordingly. (ANIL KUMAR CHOUDHARY, J.) Dated 15.05.2026 Smita/-