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Patna High Court

Ashok RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the dismissal could be set aside and the case restored to its original file.

Summary

Petitioner Ashok Ray filed an application seeking restoration of Criminal Miscellaneous No. 46118 of 2025 after it was dismissed for failure to comply with a court order to issue notice to the second opposite party within two weeks. The petitioner argued that unavoidable circumstances prevented the issuance of the notice. The State of Bihar raised no objection to the restoration request. The court examined whether the procedural lapse warranted dismissal or could be remedied. Considering the petitioner's explanation and the lack of opposition, the court allowed the restoration application, directing that the case be reinstated to its original file and number.

Issues considered

  • Whether a criminal miscellaneous case dismissed for non‑compliance with a notice‑issuance order can be restored on the ground of unavoidable circumstances.

Subjects

  • restoration
  • criminal miscellaneous
  • procedural compliance
  • notice
  • dismissal
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13819 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.46118 of 2025
                       Arising Out of PS. Case No.-153 Year-2024 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Ashok Ray S/o Motichand Ray Resident Of Village- Naya Basti Bhadpa, P.s-
                 Revelganj, Dist- Saran Chapra

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Sabita Devi W/o Rameshwar Rai R/o vill - Naya Basti Bhadpa, P.S. -
                 Revelganj, Distt.- Saran (Chapra)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :        Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for

                   restoration of Cr. Misc. No. 46118 of 2025 to its original file.

                                3. Learned counsel for the petitioner submits that vide

                   order dated 28.07.2025, two weeks’ time was granted to learned

                   counsel for the petitioner to issue notice to O.P. No. 2 and the

                   application stood dismissed for non-compliance of aforesaid

                   order. Learned counsel for the petitioner submits that due to

                   unavoidable circumstances, the requisites for notice could not

                   be filed and, as such, the application got dismissed.
           Patna High Court CR. MISC. No.13819 of 2026(2) dt.25-02-2026
                                                       2/2




                                  4. Learned APP for the State raised no objection to the

                     prayer made on behalf of the petitioner.

                                  5. For the reasons stated in paragraph No. 6 of the

                     restoration application and the submissions made in support

                     thereof, the restoration application is allowed. Cr. Misc. No.

                     46118 of 2025 is restored to its original file and number.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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