[2026:JHHC:3247] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3472 of 2025 ------ Md. Siraj, S/o Md. Kalim, Age- 62 Years R/o- Village- Mohanpur, P.O.- Udanabad, P.S.- Giridih, Dist- Giridih. … Petitioner Versus 1. The State of Jharkhand 2. Avinash Kumar Gupta, S/o- Birendra Prasad Gupta, R/o- Village- Chatatand, P.O.- Bhudhiyakhad, P.S.- Giridih, Dist- Giridih, Jharkhand … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Govind Ray Karan, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. For the OP No.2 : None ------ Order No:-03 Dated:-06-02-2026 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.26 of 2025 to its original file which stood dismissed for non-prosecution vide order dated 18.07.2025. Learned counsel for the petitioner submits that Cr.M.P. No.26 of 2025 stood dismissed for non-prosecution vide order dated 18.07.2025. It is next submitted that when Cr.M.P. No.26 of 2025 was listed on 18.07.2025 before this Court and called out for hearing, the learned counsel for the petitioner could not turn up inadvertently as the Advocate’s Clerk could not mark the petition in the list; which resulted in dismissal of the said Cr.M.P. No.26 of 2025 for non-prosecution vide order dated 18.07.2025. It is further submitted that non-appearance of the learned counsel for the petitioner before this Court was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said Cr.M.P. No.26 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.26 of 2025 be restored to its original file. Learned Spl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, Cr.M.P. No.26 of 2025 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.26 of 2025 before the appropriate Bench after a week. This Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated:- 06.02.2026 Saroj/