[2026:JHHC:22000] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.544 of 2026 ------ Dhruv Dusadh Son of Baiju Dusadh aged about 42 years, resident of Village Belatand, P.O. Paloungia, P.S.- Birni, Dist. – Giridih, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. XXX … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rabindra Prasad, Advocate For the State : Mr. Sunil Kr. Dubey, Addl.P.P. For the O.P. No.2 : Mr. Shree Nivas Roy, Advocate ------ Order No:-03 Dated:-24-07-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.1236 of 2025 to its original file which stood dismissed for non-prosecution vide order dated 06.12.2025. Learned counsel for the petitioner submits that Cr.M.P. No.1236 of 2025 was dismissed for non-prosecution vide order dated 06.12.2025. It is next submitted that Cr.M.P. No.1236 of 2025 was listed before this Bench on 06.12.2025 but no one turned up on behalf of the petitioner in spite of repeated calls when the said Cr.M.P. was called for hearing because the conducting counsel was not well and suffering from cold and fever, hence, the conducting counsel asked his friend to attend the case but his friend could not reach the court at the time of hearing of the said Cr.M.P.; which resulted in dismissal for non-prosecution vide order dated 06.12.2025. It is further submitted that non-appearance of the petitioner before this Court 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.1236 of 2025 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.1236 of 2025 be restored to its original file. Learned counsel for the State and the learned counsel for the opposite party No.2 have not raised any serious objection to the prayer of the petitioner. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.1236 of 2025 is directed to be restored to its original file at the same stage at which it was before its dismissal. Registry is directed to list Cr.M.P. No.1236 of 2025 before the appropriate Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 24.07.2026 Saroj/