[2026:JHHC:12143] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.339 of 2026 ------ Vijay Kumar, S/o Karmu Sahu, Age – 42 Yrs, R/o Girja Toli, Behind Loyala School, Khunti, Post Office+Police Station- Khunti, District- Khunti, Jharkhand. … Petitioner Versus 1. State of Jharkhand 2. Monika Kumari, W/o Vijay Kumar, D/o Jugeshwar Prasad Gupta, R/o Doranda Bazar, Doranda, Post Office + Police Station- Doranda, District- Ranchi, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Amrit Kr. Singh, Advocate For the State : Mrs. Shweta Singh, Addl.P.P. For the O.P. No.2 : Mr. Rajendra Prasad Gupta, Advocate Ms. Sudha Gupta, Advocate ------ Order No:-03 Dated:-24-04-2026 Heard the parties. Learned counsel for the petitioner submits that this Criminal Miscellaneous Petition has been filed with the prayer for restoration of Cr.M.P. No.3036 of 2025 to its original file which stood dismissed for non-prosecution vide the order dated 30.10.2025. Learned counsel for the petitioner submits that Cr.M.P. No.3036 of 2025 was dismissed for non-prosecution vide the order dated 30.10.2025. It is next submitted that Cr.M.P. No.3036 of 2025 was listed before this Bench on 30.10.2025 and as due to oversight of the Advocate’s Clerk, Cr.M.P. No.3036 of 2025 could not be marked by the learned counsel of the petitioner, hence, the learned counsel for the petitioner could not appear before this Court when Cr.M.P. No.3036 of 2025 was called out for hearing; which resulted in dismissal of Cr.M.P. No.3036 of 2025 for non-compliance of the peremptory order dated 30.10.2025. It is then submitted that non-appearance of the petitioner before this Court 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.3036 of 2025 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.3036 of 2025 be restored to its original file. Learned counsel appearing for the opposite party No.2 submits that the petitioner is deliberately delaying the disposal of Cr.M.P. No.3036 of 2025. It is next submitted 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 facts of the case and the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.3036 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.5,000/- by the petitioner to the opposite party No.2 through the counsel appearing in the record within three weeks from the date of this order; failing which, this conditional order shall not be given effect to and Cr.M.P. No.3036 of 2025 shall remain dismissed. The Registry is directed to list Cr.M.P. No.3036 of 2025 after three weeks before the appropriate Bench if the learned counsel for the petitioner files the proof of the payment of cost of Rs.5,000/- to the opposite party No.2 through the counsel appearing in the record within three weeks from the date of this order. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 24.04.2026 Saroj/