[2026:JHHC:22007] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.664 of 2026 ------ Usha Srivastava, aged about 64 years, D/o Late Jagdish Prasad Srivastava, Resident of Sector 3/D, House No. 484, P.O. – Sector III, P.S. Bokaro Steel City, District Bokaro, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Baban Singh, S/o Late Ramdeo Singh, R/o 3/B, Block- C, Shri Sai Enclave, Chira, Chas, P.O. & P.S. – Chas, District – Bokaro. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Vivek Kr. Sharma, Advocate For the State : Mr. Rajneesh Vardhan, Adl.P.P. For the O.P. No.2 : Mrs. Pragati Prasad, Advocate ------ Order No:-04 Dated:-24-07-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed with the prayer for restoration of Cr.M.P. No.2133 of 2024 to its original file which stood dismissed for non-prosecution vide order dated 19.01.2026. Learned counsel for the petitioner submits that Cr.M.P. No.2133 of 2024 was dismissed for non-prosecution vide order dated 19.01.2026. It is next submitted that the said Cr.M.P. was listed before this Bench on 19.01.2026 but no one turned up on behalf of the petitioner in spite of repeated calls when the said Cr.M.P. was called on for hearing because the conducting counsel was ill; which resulted in dismissal of Cr.M.P. No.2133 of 2024 for non-prosecution vide order dated 19.01.2026. It is next submitted that non-appearance of the petitioner before this Court was neither deliberate nor intentional. It is further submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.2133 of 2024 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.2133 of 2024 be restored to its original file. Learned counsel appearing for the opposite party No.2 submits that the petitioner is deliberately delaying the disposal of the Cr.M.P. No.2133 of 2024. 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 petitioner, Cr.M.P. No.2133 of 2024 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 No.2 through his counsel appearing in the record and the petitioner is directed to file the proof of the payment of cost of Rs.5,000/- by the petitioner to the opposite No.2 through his counsel appearing in the record within three weeks from the date of this order; failing which, this conditional order shall not be given effect to and Cr.M.P. No.2133 of 2024 shall remain dismissed. The Registry is directed to list Cr.M.P. No.2133 of 2024 after three weeks to its original file before the appropriate Bench if the petitioner files the proof of the payment of cost of Rs.5,000/- by the petitioner to the opposite party No.2 through his counsel appearing in the record within three weeks from the date of this order. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 24.07.2026 Saroj/