Patna High Court
Alok Kumar Pandey @ Alok Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the criminal miscellaneous case may be restored upon a satisfactory restoration application.
Summary
The petitioner, Alok Kumar Pandey, filed an application seeking restoration of Criminal Miscellaneous No.52563 of 2025, which had been dismissed for failure to comply with a peremptory order dated 13‑08‑2025. The petition argued that the reasons for non‑compliance justified reinstating the proceedings. The Court examined whether the dismissal could be set aside despite the procedural lapse. Relying on the merits of the restoration application, the Court allowed the petition. Consequently, the dismissed case was restored to its original file and the petitioner was granted ten days to file the necessary requisites for serving notice to the second opposite party. The order reflects the Court’s discretion to revive criminal proceedings when satisfactory reasons are shown.
Issues considered
- Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored?
Subjects
- restoration of criminal proceedings
- peremptory order
- non‑compliance
- criminal miscellaneous case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13403 of 2026
In
CRIMINAL MISCELLANEOUS No.52563 of 2025
Arising Out of PS. Case No.-1291 Year-2024 Thana- ROHTAS COMPLAINT CASE
District- Rohtas
======================================================
Alok Kumar Pandey @ Alok Kumar Singh S/o- Ramashankar Singh R/v-
Bharkhar Ps- Mohania Dist- Kaimur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nisha Kumari W/o- Alok Kumar Pandey, D/o- Upender Rai R/v- Badhaki
Akoidhi Ps- Karhager Dist- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kiran Kumari Sharma, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Ms.Kiran Kumari Sharma, learned counsel for
the petitioner and Mr.Ajay Kumar No. 2, learned A.P.P. for the
State.
2. This application has been filed for restoration of Cr.
Misc. No.52563 of 2025 which stood dismissed for non-
compliance of peremptory order dated 13.08.2025.
3. For the reasons stated in the restoration application,
the prayer for restoration is allowed and Cr. Misc. No.52563 of
2025 is restored to its original file.
4. Accordingly, the restoration application stands
allowed.
Patna High Court CR. MISC. No.13403 of 2026(3) dt.03-04-2026
2/2
5. As prayed for, further ten days time is allowed to
file requisites for sending the notice to opposite party No.2 in
compliance to the order dated 13.08.2025 passed in Cr. Misc.
No.52563 of 2025.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…