Patna High Court
Ashok RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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
Checking your session…