[2026:JHHC:25905] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1560 of 2026 ------ 1. Ranjit Kaur, aged about 69 years, D/o Late Sardar Sewa Singh, R/o 8, Mission Hospital Road, Hazaribag, P.O.- Hazaribag, P.S.- Bara Bazar (Sadar), Hazaribag, District- Hazaribag 2.Gurbachen Kaur @ Gurbachan Kaur, aged about 79 years, D/o Late Sardar Sewa Singh, R/o 8, Mission Hospital Road, Hazaribag, P.O.- Hazaribag, P.S.- Bara Bazar (Sadar), Hazaribag, District- Hazaribag 3. Devendra Singh, aged about 64 years, S/o Late Sardar Sewa Singh, R/o 8, Mission Hospital Road, Hazaribag, P.O.- Hazaribag, P.S.- Bara Bazar (Sadar), Hazaribag, District- Hazaribag … Petitioners Versus 1. The State of Jharkhand 2. Ranmit Kaur, aged about 32 years, W/o Tajendra Pal Singh, D/o Late Balwant Singh, R/o RMS Complex, Mateshwari Apartment, 1st Floor, Flat No.-001, P.O. & P.S.- Dhansar, Dist.- Dhanbad … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Shray Mishra, Advocate For the State : Ms. Nehala Sharmin, Spl. P. P. For the O.P. No.2 : Mr. Gaurav Kumar, Advocate ------ Order No:-02 Dated:-28-08-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioners with the prayer for restoration of Cr.M.P. No.762 of 2024 its original file which stood dismissed for non-prosecution on 22.12.2025. It is submitted by the learned counsel for the petitioners that Cr.M.P. No.762 of 2024 stood dismissed for non-prosecution on 22.12.2025 by this Court. It is next submitted that due to inadvertence, the counsel for the petitioners could not mark the list, hence, no one appeared before this Court when the said Cr.M.P. No.762 of 2024 was called out resulting in dismissal of the said Cr.M.P. No.762 of 2024 for non-prosecution. It is next submitted that non-prosecution before this Court on 22.12.2025 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.762 of 2024 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that Cr.M.P. No.762 of 2024 be restored to its original file. Learned Spl.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 petitioners for restoration of the said Cr.M.P. No.762 of 2024 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 petitioners, Cr.M.P. No.762 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.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. Registry is directed to list Cr.M.P. No.762 of 2024 before the concerned Bench after four weeks only if the petitioners file the proof of payment of the cost of Rs.10,000/- to the opposite party No.2 though 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.762 of 2024 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated-28.08.2026-Animesh/