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Patna High Court

Vivek Thakur @ Vivek Kumar TakurversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U       T


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