[2026:JHHC:7943] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.42 of 2026 ------ Esajuddin Momin, aged about 64 years, S/O- Late Sahruddin Momin, R/O Mohanpur (Kusumtola), P.O.-Mohanpur, P.S.- Hiranpur, Dist.-Pakur., (Jharkhand) … Petitioner Versus 1. The State of Jharkhand 2. Soniyara Bibi, W/O Abdul Karim Ansari, resident of Aamtola, P.O.-Mohanpur, P.S.-Hiranpur, Dist.-Pakur. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Jawed Sultan, Advocate For the State : Ms. Lily Sahay, Addl. P. P. For the O.P. No.2 : Md. Yasir Arafat, Advocate ------ Order No:-03 Dated:-20-03-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.3817 of 2022 to its original file which stood dismissed for non-prosecution on 03.11.2025. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.3817 of 2022 stood dismissed for non-prosecution on 03.11.2025 by this Court. It is next submitted that as the counsel for the petitioner was sick and bedridden, hence he informed one of his colleagues to take time on his behalf but his colleague was not able to do same, hence, no one appeared before this Court when the said Cr.M.P. No.3817 of 2022 was called out; resulting in dismissal of the said Cr.M.P. No.3817 of 2022 for non-prosecution. It is next submitted that non-prosecution before this Court on 03.11.2025 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.3817 of 2022 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.3817 of 2022 be restored to its original file. Learned Addl.P.P. appearing for the State has not raised any serious objection. Learned counsel for the opposite party No.2 vehemently opposes the prayer of the petitioner for restoration of the said Cr.M.P. No.3817 of 2022 and submits 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.3817 of 2022 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 petitioner to the opposite party No.2 through his counsel appearing in the record within four weeks from the date of this order. Registry is directed to list Cr.M.P. No.3817 of 2022 before the concerned Bench after four weeks, only if the petitioner files the proof of payment of cost of Rs.10,000/- to the opposite party 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.3817 of 2022 shall remain dismissed . This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 20.03.2026-Animesh/