[2026:JHHC:12139] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.400 of 2026 ------ Lalan Kumar @ Lalan Kumar Lal, aged about 34 years, son of Ram Deo Lal, resident of Tara Nagar, P.O. & P.S.- Chas, Dist.- Bokaro, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Shiv Nath Prasad, son of late Prasadi Mahato, resident of Plot No. 109, Bari Co-operative Colony, P.O. & P.S. – Sector 12, Dist.- Bokaro … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Raj Vardhan, Advocate For the State : Mr. Shashi Kr. Verma, Addl.P.P. For the O.P. No.2 : None ------ Order No:-03 Dated:-24-04-2026 Heard the parties. Though Notice has been validly 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 petitioner with the prayer for restoration of Cr.M.P. No. 699 of 2024 to its original file which stood dismissed for non-prosecution vide the order dated 22.12.2025. Learned counsel for the petitioner submits that Cr.M.P. No. 699 of 2024 stood dismissed for non-prosecution vide the order dated 22.12.2025. It is next submitted that Cr.M.P. No. 699 of 2024 was listed before this Bench on 22.12.2025 but no one turned up on behalf of the petitioner in spite of repeated calls when the said Criminal Miscellaneous Petition was called out for hearing as inadvertently, the counsel failed to attend this Court because one another matter was called out in Co-ordinate Bench of this Court; which resulted in dismissal of the said Cr.M.P. No. 699 of 2024 for non-prosecution vide the order dated 22.12.2025. It is next submitted that non-appearance of the learned counsel for the petitioner was neither deliberate nor intentional. It is further submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No. 699 of 2024 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. 699 of 2024 be restored to its original file. Learned counsel for the State has not raised any serious objection to the prayer of the petitioner. Considering the facts of the case and the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No. 699 of 2024 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. 699 of 2024 before the appropriate Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 24.04.2026 Saroj/