( 2026:JHHC:25403 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1270 of 2026 ------ Manoj Kumar Yadav, aged about 42 years, S/o Late Gujar Mahto, Resident of Harnakundi, P.O.-Dumka, P.S.-Dumka (M), District- Dumka. … Petitioner Versus 1. The State of Jharkhand 2. Shankar Mahto, S/o Garbu Mahto, Resident of Harnakundi, P.O.-Dumka, P.S.-Dumka (M), District-Dumka. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Vani Kumari, Advocate For the State : Mr. Shiv Shankar Kr., Addl.P.P. ------ Order No:-03 Dated:-21-08-2026 Heard the parties. Though, notice has validly been served upon the opposite party no.2, yet no one turns up on behalf of the opposite party no.2. This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.2539 of 2024 to its original file which stood dismissed for non-prosecution on 16.03.2026. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.2539 of 2024 stood dismissed for non-prosecution on 16.03.2026 by this Court. It is next submitted that due to inadvertence, the list could not be marked, hence, the learned counsel for the petitioner could not appear before this Court when the said Cr.M.P. No.2539 of 2024 was called out, resulting in dismissal of the said Cr.M.P. No.2539 of 2024 for non-prosecution. It is next submitted that non- prosecution before this Court on 16.03.2026 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.2539 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.2539 of 2024 be restored to its original file. Learned counsel appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner and the facts of this case, Cr.M.P. No.2539 of 2024 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.2539 of 2024 before the concerned Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 21/08/2026 Abhiraj/