[2026:JHHC:7944] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3817 of 2025 ------ Bablu Batra @ Jagjit Batra, aged about 47 years, S/o Balbir Singh Batra; R/o Flat No.56 Ghalib Apartment, Pushpanjali Enclave, Pitampura, North-West Delhi, P.S.:-Mangalpuri, P.O.:Rani Bagh, Delhi (N.C.R.),-110034 … Petitioner Versus 1. The State of Jharkhand, through its Chief Secretary, Secretariat, 1st Floor, Project Building, Dhurwa, P.O./P.S.: Dhurwa, Dist.-Ranchi 834004 2. Ajay Kumar, aged 48 years, S/o Sri Akhileshwar Sahu; R/o Punjabi Gali, 113 Kharyapara, P.O./P.S.: Gumla, Dist.-Gumla, Jharkhand-835207 … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Omiya Anusha, Advocate For the State : Mr. V. S. Sahay, Addl. P. P. For the O.P. No.2 : Mr. Arun Kumar, Advocate ------ Order No:-03 Dated:-20-03-2026 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with the prayer for restoration of Cr.M.P. No.08 of 2023 its original file which stood dismissed for non-prosecution on 18.09.2025. It is submitted by the learned counsel for the petitioner that Cr.M.P. No.08 of 2023 stood dismissed for non-prosecution on 18.09.2025 by this Court. It is next submitted that as the counsel for the petitioner could not mark the cause list, hence, no one appeared before this Court when the said Cr.M.P. No.08 of 2023 was called out; resulting in dismissal of the said Cr.M.P. No.08 of 2023 for non-prosecution. It is next submitted that non-prosecution before this Court on 18.09.2025 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.08 of 2023 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Cr.M.P. No.08 of 2023 be restored to its original file. Learned Addl.P.P. 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 Cr.M.P. No.08 of 2023 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, Cr.M.P. No.08 of 2023 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 his counsel appearing in the record within two weeks from the date of this order. Registry is directed to list Cr.M.P. No.08 of 2023 before the concerned Bench after two weeks only if the petitioner files the proof of payment of the cost of Rs.5,000/- to the opposite party No.2 through his counsel appearing in the record within two weeks from the date of this order failing which this conditional order shall not be given effect to and Cr.M.P. No.08 of 2023 shall remain dismissed . This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated- 20.03.2026-Animesh/