[2026:JHHC:5274] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3643 of 2025 ------ 1. Kishun Pandit, aged about 67 years, son of Bhola Pandit, resident of Village- Purnadih, P.O.- Phulwaria, P.S.- Nawalshahi, District- Koderma 2. Manoj Yadav, aged about 41 years, son of Dwarika Mahto, resident of village- Purnadih, P.O.- Phulwaria, P.S.- Nawalshahi, District- Koderma. … Petitioners Versus 1. The State of Jharkhand 2. Kailash Yadav, son of Late Tejo Mahto, resident of Village- Purnadih, P.O.- Phulwaria, P.S.- Nawalshahi, District- Koderma … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Anil Kr. Sinha, Advocate For the State : Mr. Vineet Kr. Vashistha, Spl.P.P. For the OP No.2 : Mr. Brijnandan Kumar, Advocate ------ Order No:-03 Dated:-20-02-2026 Heard the parties. This Criminal Miscellaneous Petition has been filed by the petitioners with the prayer for restoration of Cr.M.P. No. 982 of 2023 to its original file which stood dismissed for non-prosecution vide order dated 02.12.2025. Learned counsel for the petitioners submits that Cr.M.P. No. 982 of 2023 stood dismissed for non-prosecution vide order dated 02.12.2025. It is next submitted that Cr.M.P. No. 982 of 2023 was listed before this Court on 02.12.2025 and no one turned up on behalf of the petitioners in spite of repeated calls when Cr.M.P. No. 982 of 2023 was called for hearing; as inadvertently, Cr.M.P. No. 982 of 2023 could not be marked in the cause list by the Advocate; which resulted in dismissal of the said Cr.M.P. No. 982 of 2023 for non-prosecution vide order dated 02.12.2025. It is further submitted that non-appearance of the learned counsel for the petitioners before this Court 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. 982 of 2023 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No. 982 of 2023 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 petitioners. Considering the aforesaid submission of the learned counsel for the petitioners, Cr.M.P. No. 982 of 2023 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. 982 of 2023 before the appropriate Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 20.02.2026 Saroj/