Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:7969 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3515 of 2025
------
1. Jyoti Shukla, aged about 33 years, wife of Sri Shivam Pandey, Daughter of Sri Om Prakash Shukla,
2. Kalawati Shukla @ Kalavati Shukla, aged about 57 years, wife of Sri Om Prakash Shukla,
3. Om Prakash Shukla @ Om Prakash, aged about 60 years, son of Late Dudhnath Shukla, All are residing at-House No.-3/19/45, K-2, Shakti Vihar Colony, Post-Niyawan, P.S.-Cant, District-Faizabad, Ayodhya (U.P.).
… Petitioners
Versus
1. The State of Jharkhand
2. Shivam Pandey, aged about 38 years, son of Sri Devi Shankar Pandey, residing at-C-11/57, Sector-7, Koyala Nagar, BCCL Township, P.O. and P.S.-Saraidhela, District-Dhanbad (Jharkhand).
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Sanjay Kr. Chamaria, Advocate (VC) For the State
: Mr. P.D. Agrawal, Spl.P.P. For the OP 2
: Md. Razaullah Ansari, Advocate
------
Order No:-03 Dated:-20-03-2026
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioners with the prayer for restoration of Cr.M.P. No.979 of 2023 to its original file which stood dismissed for non-prosecution on
13.11.2025.
It is submitted by the learned counsel for the petitioner that Cr.M.P. No.979 of 2023 stood dismissed for non-prosecution on 13.11.2025 by this Court. It is next submitted that due to failure of the internet connection, the petitioners could not be connected virtually at appropriate time despite trying his level best, hence, the learned counsel for the petitioners could not appear virtually before this Court when the said Cr.M.P. No.979 of 2023 was called out, resulting in dismissal of the said Cr.M.P. No.979 of 2023 for non-prosecution. It is next submitted
that non-prosecution before this Court on 13.11.2025 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Cr.M.P. No.979 of 2023 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Cr.M.P. No.979 of 2023 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 petitioners for restoration of the said Cr.M.P. No.979 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 petitioners, Cr.M.P. No.979 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.10,000/- by the petitioners to the opposite party No.2 through his counsel appearing in the record within four weeks from the date of this order.
Registry is directed to list Cr.M.P. No.979 of 2023 before the concerned Bench after four weeks only if the petitioners file 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 four weeks from the date of this order failing which this conditional order shall not be given effect to and Cr.M.P. No.979 of 2023 shall remain dismissed.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) 20/03/2026 Abhiraj/