Patna High Court
Amerika Devi @ America DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court held that a criminal appeal dismissed for want of prosecution can be restored if a proper application is made.
Summary
The petitioner, Amerika Devi, filed an application before the Patna High Court seeking restoration of Criminal Appeal (SJ) No. 518 of 2025, which had been dismissed on 5 August 2025 for want of prosecution. The application argued that the dismissal was premature and that the appellant was prepared to pursue the appeal. The Court examined whether a criminal appeal dismissed for want of prosecution could be reinstated under the procedural provisions of the Code of Criminal Procedure. Relying on the principle that procedural dismissals can be set aside if a valid application is made, the Court allowed the restoration application. Consequently, the appeal was restored to its original file and number, permitting the petitioner to continue with the substantive proceedings.
Issues considered
- Whether a criminal appeal dismissed for want of prosecution may be restored upon filing of an appropriate application
Subjects
- criminal appeal
- restoration
- want of prosecution
- High Court
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15238 of 2026
In
CRIMINAL APPEAL (SJ) No.518 of 2025
Arising Out of PS. Case No.-78 Year-2023 Thana- SC/ST District- Darbhanga
======================================================
Amerika Devi @ America Devi W/o Sri Ganga Chopal @ Gaya Chaoupal
Resident of Village- Habidih, PS.- Baheri, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar No 13
For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 25-02-2026 This application has been filed for restoration of
Cr.Appeal (SJ) No. 518 of 2025, which was dismissed for want
of prosecution on 05.08.2025.
2. For the reasons disclosed in the restoration
application, it is allowed and Cr.Appeal (SJ) No. 518 of 2025 is
restored to its original file and number.
(Nawneet Kumar Pandey, J)
HR/-
U T
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