[2026:JHHC:20533] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.206 of 2026 ------ 1. Bibhuti Bhushan Prasad @ Bibhuti Bhusan, aged about 65 years, son of Late Bhubaneshwar Prasad. 2. Aayush Bibhuti, aged about 28 years, son of Bibhuti Bhushan Prasad. 3. Shreya, aged about 36 years, D/o Bibhuti Bhushan Prasad. All resident of Gulab Bhuwan, Oppoiste – 162 D, Road no. 4D, Ashok Nagar, P.S. – Ashok Nagar, P.S. – Argora, District- Ranchi, Jharkhand. 834002 4. Dr. K. N. Srivastava, aged about 97 years, Son of Late Saraswati Prasad, resident of 380-A, Road no- 4C, Ashok Nagar, P.O. – Ashok Nagar, P.S.- Argora, District- Ranchi, Jharkhand. 834002 … Petitioners Versus 1. The State of Jharkhand 2. Ashish Gaurav, Son of Late Shri Saytendra Kumar Srivastava, resident of House no – 194, 2nd Floor, Sector- 9A, Gurugram, P.O. P.S. & District- Gurugram, 122001, Haryana. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rakesh Ranjan, Advocate Mr. Ashok Kr. Jha, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl.P.P. For the O.P. No.2 : Mr. Gaurav Kumar, Advocate ------ Order No:-04 Dated:-10-07-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed with the prayer for restoration of Cr.M.P. No.2650 of 2023 to its original file which stood dismissed for non-prosecution vide order dated 27.11.2025. Learned counsel for the petitioners submits that Cr.M.P. No.2650 of 2023 was dismissed for non-prosecution vide order dated 27.11.2025. It is next submitted that Cr.M.P. No.2650 of 2023 was listed before this Bench on 27.11.2025 and no one turned up on behalf of the petitioners in spite of repeated calls when Cr.M.P. No.2650 of 2023 was called for hearing as the counsel on record gave ‘No Objection’ to the petitioners to engage another counsel in the said Cr.M.P. but the petitioners engaged another counsel to appear in the said Cr.M.P., but the engaged counsel could not file the vakalatnama handed over by the petitioners; which resulted in dismissal of Cr.M.P. No.2650 of 2023 for non- prosecution vide order dated 27.11.2025. It is next submitted that non- appearance of petitioners was neither deliberate nor intentional. It is further submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.2650 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.2650 of 2023 be restored to its original file. Learned counsel appearing for the opposite party No.2 submits that the petitioners are deliberately delaying the disposal of the Cr.M.P. No.2650 of 2023. It is next submitted 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 and the facts of the case, Cr.M.P. No.2650 of 2023 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.10,000/- by the petitioners to the opposite No.2 through his counsel appearing in the record and the petitioners are directed to file the proof of the payment of cost of Rs.10,000/- by the petitioners to the opposite 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.2650 of 2023 shall remain dismissed. The Registry is directed to list Cr.M.P. No.2650 of 2023 after four weeks before the appropriate Bench if the petitioners file the proof of the payment of cost of Rs.10,000/- by the petitioners to the opposite party No.2 through his counsel appearing in the record within four weeks from the date of this order. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 10.07.2026 Saroj/