[2026:JHHC:3261] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3434 of 2025 ------ 1. Sanjay Kumar Gupta aged 42 years S/O Shri Moti Shah, resident of Village – Allampur, P.O.- Allampur, P.S. – Baddi, Shiv Sagar, Dist- Rohtash, Bihar. 2. Moti Shah, Son Late Bikau Shah, aged about 64 years, resident of Village – Allampur, P.O.- Allampur, P.S. – Baddi, Shiv Sagar, Dist- Rohtash, Bihar … Petitioners Versus 1. The State of Jharkhand 2. Chandani Devi aged about 28 years W/O Late Dhananjay Kumar R/O Alampur, P.O.- Allampur, and P.S.- Baddi, Dist- Rohtas at present residing at Kund Mohalla Agrasen Colony, Ward No.7 (new ward 4) Daltenganj, P.S.- Daltenganj, Dist- Palamu, (Jharkhand ) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Vinay Kumar, Advocate For the State : Mr. Shiv Shankar Kumar, Addl. P.P. For the O.P. No.2 : None ------ Order No:-03 Dated:-06-02-2026 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 in spite of repeated calls. This criminal miscellaneous petition has been filed by the petitioners with the prayer for restoration of Cr.M.P. No.4427 of 2022 to its original file which stood dismissed for non-prosecution on 06.11.2025 by this Court. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.4427 of 2022 stood dismissed for non-prosecution on 06.11.2025 by this Court. It is next submitted that the counsel for the petitioners could not mark the case in the list, hence, no one appeared before this Court when the said Cr.M.P. No.4427 of 2022 was called out resulting in dismissal of the said Cr.M.P. No.4427 of 2022 for non-prosecution. It is next submitted that non- prosecution before this Court on 06.11.2025 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.4427 of 2022 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.4427 of 2022 be restored to its original file. Learned Addl. P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No.4427 of 2022 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.4427 of 2022 before the concerned Bench after a week. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 06.02.2026-Animesh/