( 2026:JHHC:19556 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 441 of 2026 ------ 1. Subarna Kumar Mondal @ Suwarna Kumar Mandal, Aged about 45 Years, S/o –Dilip Kumar Mondal. 2. Dilip Mandal @ Dilip Kumar Mandal, Aged about 75 Years, S/o Late Paritosh Mandal 3. Latika Mandal, Aged about 67 years, W/o –Dilip Mandal All R/o –Village Dhobna, P.O. –Dhobna, P.S. –Jamtara, District –Jamtara. .... .... …. Petitioners Versus 1. The State of Jharkhand 2. Pratima Kumari Mondal, D/o –Dinesh Kumar Mondal, Presently Residing at Damkarabarowa (Near Indian School of Mines), P.O. –Kalyanpur, P.S. –Barwadda, District – Dhanbad., W/o Subarna Kumar Mandal, R/o –Village Dhobna, P.O. & P.S. Jamtara, District –Jamtara. .... .... .... Opp. Parties ------ CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner s : Mr. Ashutosh Pd. Joshi, Advocate For the State : Mr. Anup Pawan Topno, Addl. P.P. For the O.P. No.2 : None ------ Order No.04 Dated- 03.07.2026 Heard the parties. This criminal miscellaneous petition has been filed at the instance of the petitioners for restoration of Cr.M.P. No.2757 of 2024 to its original file. Though notice issued to the opposite party no. 2 has been validly served, yet no one turns up on behalf of the opposite party no. 2 in-spite of repeated calls. Learned counsel for the petitioners submits that Cr.M.P. No.2757 of 2024 was dismissed for non-prosecution. It is next submitted that due to inadvertence and bonafide mistake on the part of the office clerk of the learned counsel for the petitioner, the said Cr.M.P. No.2757 of 2024 could not be marked in the cause list, hence the learned counsel for the petitioners could not appear before this Court when the case was called out, resulting in dismissal of the same. It is then submitted that the non- appearance of the learned counsel for the petitioners was neither deliberate nor intentional. It is next submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.2757 of 2024 and unless Cr.M.P. No.2757 of 2024 is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that Cr.M.P. No.2757 of 2024 be restored to its original file. Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.2757 of 2024 is restored to its original file to the stage at which, it was before its dismissal. List Cr.M.P. No.2757 of 2024 under the appropriate heading after a week before the appropriate Bench. (Anil Kumar Choudhary, J.) 03.07.2026 Sonu-