Patna High Court
Subhash Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
A criminal miscellaneous case dismissed for want of prosecution may be restored if the applicant demonstrates an inadvertent procedural lapse and the restoration serves the interest of justice.
Summary
Petitioner Subhash Prasad Singh filed an application seeking restoration of Criminal Miscellaneous No. 47885 of 2024, which had been dismissed on 08-12-2025 for want of prosecution. The petitioner argued that the case had been listed on 24-11-2025 and 08-12-2025 but was inadvertently not marked, resulting in the counsel's failure to appear, and that no notice had been served to the second opposite party. The State of Bihar raised no objection to the restoration. The Court examined whether the procedural lapse justified reinstating the dismissed proceeding. Finding the reasons sufficient and noting the interest of justice, the Court allowed the restoration application, thereby restoring the case to its original file.
Issues considered
- Whether a criminal miscellaneous proceeding dismissed for want of prosecution can be restored on the ground of inadvertent non‑marking of the case and lack of notice to the opposite party
Subjects
- restoration of criminal proceedings
- want of prosecution
- procedural lapse
- interest of justice
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1304 of 2026
In
CRIMINAL MISCELLANEOUS No.47885 of 2024
Arising Out of PS. Case No.-183 Year-2015 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Subhash Prasad Singh S/O Late Bindeshwari Singh R/O Sabita Sadan, Naya
Bazar, Ward No. 3, Saharsa, P.S- Saharsa, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mohan Chand Upadhyay S/O Late Mosadi Upadhyay R/O Ram Nagar
Dhohadi, P.S- Dhohadi, Distt.- Baliya (U.P.), At present the
Director/Proprietor of Diamond Engicon Pvt. Ltd. Second Floor, B-Block,
Ram Lakhan Market, Ram Lakhan Path, Road No. 8, Post Lohiya Nagar,
P.S- Kankarbagh, Dist.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Maharaj, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-01-2026 This application is filed for restoration of Cr. Misc.
No. 47885 of 2024, which was dismissed on 08.12.2025 for
want of prosecution.
2. Learned counsel for the petitioner submits that
the matter was listed on 24.11.2025 and 08.12.2025 but
inadvertently the list was not marked, and due to that reason, the
matter was unattended by the learned counsel for the petitioner.
3. Learned counsel submits that notice was not
issued to the Opposite party no.2 at that stage and the petitioner
has very good case on merit and it is in the interest of justice to
Patna High Court CR. MISC. No.1304 of 2026(2) dt.09-01-2026
2/2
hear to matter on merit. He submits that this case may be
restored to its original position.
4. Learned APP for the State has no objection in
this regard.
5. The reasons stated in the restoration application
and the submissions made in support thereof are sufficient to
allow the application.
6. Accordingly, this restoration application is
allowed and the Cr. Misc. No. 47885 of 2024 is restored to its
original file.
(Sunil Dutta Mishra, J)
AjayMishra/-
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