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Patna High Court

Alok Kumar Pandey @ Alok Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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