Patna High Court
Smt. Reeta JaiswalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- JITENDRA KUMAR
Holding
The dismissal for default was set aside and the criminal case was restored as the petitioner’s failure to attend was not willful.
Summary
Petitioner Smt. Reeta Jaiswal, proprietor of M/S Ritu Rice Mill, filed a petition seeking restoration of Criminal Miscellaneous No. 38187 of 2016, which had been dismissed for default on 06-11-2023. The petitioner argued that her failure to appear on the scheduled date was due to unavoidable reasons and not willful or negligent. The High Court considered this submission and determined that the default dismissal could be set aside. Consequently, the court allowed the petition, restoring the case to its original number. The restored case was scheduled to be listed on 03-04-2026.
Issues considered
- Whether a criminal case dismissed for default can be restored when the petitioner’s non‑attendance was not willful but due to unavoidable reasons.
Subjects
- criminal procedure
- restoration of dismissed case
- default dismissal
- non‑attendance
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17255 of 2026
In
CRIMINAL MISCELLANEOUS No.38187 of 2016
Arising Out of PS. Case No.-116 Year-2016 Thana- BAIRIYA District- West Champaran
======================================================
Smt. Reeta Jaiswal W/o Uma Shankar Jaiswal R/o Village - Malahi Tola, P.S -
Bairiya, District - West Champaran at Bettiah, Proprietor of M/S Ritu Rice
Mill, Malahi Tola, P.S - Bairia, District - West Champaran at Bettiah
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar State Food and Civil Supplies Corporation, through the District
Manager, West Champaran at Bettiah
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate
For the State : Mr. Anand Kishore Choudhary, APP
For the O.P. No. 2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 24-03-2026 Learned counsel for the petitioner and learned APP
for the State are present. However, nobody is present on behalf
of O.P. No. 2, despite supply of copy.
2. The present petition has been filed for restoration of
Cr. Misc. No. 38187 of 2016 which was dismissed for default
vide order dated 06.11.2023.
3. Learned counsel for the petitioner submits that the
failure of the petitioner to attend the matter on the relevant date
was neither willful nor negligent, but on account of unavoidable
reasons.
Patna High Court CR. MISC. No.17255 of 2026(2) dt.24-03-2026
2/2
4. Considering the submission advanced by learned
counsel for the petitioner, the present petition is allowed,
restoring Cr. Misc. No. 38187 of 2016 to its original number.
5. Put up Cr. Misc. No. 38187 of 2016 on 03.04.2026.
(Jitendra Kumar, J)
shoaib/-
U T
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