Patna High Court
Vivek Thakur @ Vivek Kumar TakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court held that the dismissal for non‑prosecution could be set aside and the criminal miscellaneous case restored to its original file.
Summary
The petitioner, Vivek Thakur, filed an application seeking restoration of Criminal Miscellaneous No.11777 of 2025, which had been dismissed for non‑prosecution by the Patna High Court on 2 July 2025. The petitioner argued that the dismissal resulted from an omission by his counsel. The court examined the application and, satisfied with the explanation provided, ordered that the dismissed case be restored to its original file. Consequently, the restoration application was allowed, and the case was reinstated pending further proceedings. The court also directed that notice be issued to the second opposite party and that no coercive steps be taken against the petitioner in the related complaint pending before the SDJM, Jamui, until further orders.
Issues considered
- Whether a criminal miscellaneous proceeding dismissed for non‑prosecution can be restored on the ground of counsel's omission.
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- Section 498A
- Dowry Prohibition Act
- restoration of criminal case
- non‑prosecution
- Patna High Court
- Criminal Miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12840 of 2026
In
CRIMINAL MISCELLANEOUS No.11777 of 2025
Arising Out of PS. Case No.-1628 Year-2017 Thana- COMPLAINT CASE District- Jamui
======================================================
Vivek Thakur @ Vivek Kumar Takur S/o- Suresh Thakur Resident of village-
Churhet, P.s.- Suno, District- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mamta Kumari D/o- Ashok Thakur R/v- Kewal Ps- Sono Dist- Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikramadit, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This application has been filed for restoration of Cr.
Misc. No.11777 of 2025, which stood dismissed for non-
prosecution vide order dated 02.07.2025 passed by this Court.
3. On being satisfied with the reasons mentioned in
this application, explaining omission on the part of the learned
counsel for the petitioner, Cr. Misc. No.11777 of 2025 is
restored to its original file.
4. Accordingly, this restoration application is allowed.
Cr. Misc. No.11777 of 2025
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.12840 of 2026(2) dt.18-02-2026
2/2
present case is one under Section 498 A of the Indian Penal
Code and Section ¾ of the Dowry Prohibition Act and
petitioner is the husband.
6. Issue notice to opposite party no.2 by ordinary
process as well as speed post with A/D for which requisites etc.
must be filed within one week.
7. Till further orders of this Court, no coercive steps
shall be taken against the petitioner in connection with
Complaint Case No.1628C of 2017 pending in the Court of
learned S.D.J.M., Jamui.
8. Relist on 11.03.2026 under the appropriate heading.
(Soni Shrivastava, J)
Trivedi/-
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