Patna High Court
Mojahid Sheikh @ Mohammad Muzahid @ Mohammad Muzahid SheikhversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court restored Criminal Miscellaneous No. 66130/2025, holding that restoration is permissible despite Section 403, provided sufficient cause is shown.
Summary
Mojahid Sheikh filed an application seeking restoration of Criminal Miscellaneous No. 66130/2025, which had been dismissed for non‑prosecution on 31‑01‑2026. The petitioner argued that the dismissal could be set aside despite the restriction in Section 403 of the BNSS, which generally prohibits alteration of a final judgment except for clerical errors. The Court examined the provision and held that it does not bar restoration of a matter dismissed for non‑prosecution when sufficient cause is shown, relying on the Supreme Court’s decision in Vishnu Agarwal v. State of U.P. & Anr. Accordingly, the Court restored the case to its original file and allowed the restoration application. The order thereby reinstated the proceedings against the petitioner’s alleged offenses.
Issues considered
- Whether a criminal case dismissed for non‑prosecution can be restored notwithstanding the restriction in Section 403 of the BNSS.
- Whether Section 403 of the BNSS precludes any alteration of a final judgment other than clerical correction.
Legislation cited
- BNSS — s. 403
Subjects
- restoration of criminal case
- non‑prosecution dismissal
- Section 403 BNSS
- final judgment alteration
- ends of justice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17871 of 2026
In
CRIMINAL MISCELLANEOUS No.66130 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- GAYA KOTWALI District- Gaya
======================================================
Mojahid Sheikh @ Mohammad Muzahid @ Mohammad Muzahid Sheikh son
of Md. Zainul Khan @ Mohammad Yunus @ Md. Zainus Khan @
Mohammad Zainus Khan Resident of Village -Vijay Nagar Kachhi Basti,
Shastri Nagar, PS -Barhampuri District -Jaipur Rajasthan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amar Thakur (ABC) son of Ashok Thakur Resident of village-
Makhlodganj, Devi Asthan, Ps- Kotwali, Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sharma, Advocate.
For the Opposite Party/s: Mr.Abhay Kumar Roy, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks restoration of Cr. Misc. No.
66130/2025 which stood dismissed for non-prosecution vide
order dated 31.01.2026.
3. In the opinion of this Court, Section 403 of the
BNSS provides as follows:
“403. Court not to alter judgment.
Save as otherwise provided by this Sanhita or by
any other law for the time being in force, no Court,
when it has signed its judgment or final order
disposing of a case, shall alter or review the same
except to correct a clerical or arithmetical error.”
Patna High Court CR. MISC. No.17871 of 2026(2) dt.06-04-2026
2/2
4. The aforesaid provision, though placing a
restriction on alteration or review of a final judgment, does not
preclude restoration of a matter dismissed for non-prosecution,
upon sufficient cause being shown, in order to secure the ends
of justice as held by the Apex Court in the case of Vishnu
Agarwal vs State Of U.P. & Anr passed in Criminal Appeal
No(S). 1323 Of 2004.
5. In view of the above information and pleadings
made in the restoration application and the affidavit, the Cr.
Misc. No. 66130/2025 is restored to its original file.
6. The restoration application stands allowed.
(Purnendu Singh, J)
mantreshwar/-
U T
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