( 2026:JHHC:10465 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3365 of 2025 ------ Surjeet Kour, aged about 65 years, Daughter of Gurudev Singh @ Gurdev Singh @ Kandhari W/o Jagat Singh Sachar, resident of H.No.11, New Tata Line, Golmuri, P.O.-Golmuri, P.S.-Sidhgora Town Jamshedpur, District-East Singhbhum, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Krishna Kumar, aged about 57 years, Son of Surendra Singh, resident of H.No.07, P.O. and P.S.-Birsa Nagar Town Jamshedpur, District-East Singhbhum, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Arun Kr. Pandey, Advocate For the State : Mr. Pankaj Kumar, P.P. For the OP 2 : Mr. Vikas Kumar, Advocate ------ Order No:-04 Dated:-10-04-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Acquittal Appeal (C) No.15 of 2025 to its original file which stood dismissed for non-prosecution on 14.08.2025. It is submitted by the learned counsel for the petitioner that Acquittal Appeal (C) No.15 of 2025 stood dismissed for non-prosecution on 14.08.2025 by this Court. It is next submitted that due to suffering from high fever, the learned counsel for the petitioner could not appear before this Court when the said Acquittal Appeal (C) No.15 of 2025 was called out, resulting in dismissal of the said Acquittal Appeal (C) No.15 of 2025 for non-prosecution. It is next submitted that non-prosecution before this Court on 14.08.2025 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Acquittal Appeal (C) No.15 of 2025 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Acquittal Appeal (C) No.15 of 2025 be restored to its original file. Learned counsel 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 Acquittal Appeal (C) No.15 of 2025 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, Acquittal Appeal (C) No.15 of 2025 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 six weeks from the date of this order. Registry is directed to list Acquittal Appeal (C) No.15 of 2025 before the concerned Bench after six weeks only if the petitioner files the proof of payment of the cost of Rs.10,000/- to the opposite party No.2 through his counsel appearing in the record within six weeks from the date of this order failing which this conditional order shall not be given effect to and Acquittal Appeal (C) No.15 of 2025 shall remain dismissed. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 10/04/2026 Abhiraj/