Patna High Court
Sintu Singh @ Ashok SinghversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
A criminal appeal dismissed for default may be restored if the petitioners demonstrate unavoidable circumstances and subsequently file the required jointness petition.
Summary
The petitioners filed a restoration petition seeking to revive Criminal Appeal (SJ) No. 4022 of 2022, which had been dismissed for default by a peremptory order dated 14-11-2024. The original order had required the petitioners to file a jointness petition within three weeks, but they failed to do so due to unavoidable circumstances. The petitioners subsequently filed the jointness petition on 16-12-2024 and requested that the appeal be restored to its original file. The Court examined the reasons for the delay and found them satisfactory. Consequently, the Court allowed the restoration petition, thereby reinstating the criminal appeal to its original file.
Issues considered
- Whether a criminal appeal dismissed for default can be restored when the petitioners file the required jointness petition after the statutory deadline due to unavoidable circumstances.
Subjects
- restoration of appeal
- criminal procedure
- default dismissal
- procedural delay
- jointness petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18457 of 2025
In
CRIMINAL APPEAL (SJ) No.4022 of 2022
Arising Out of PS. Case No.-336 Year-2021 Thana- MADANPUR District- Aurangabad
======================================================
1. Sintu Singh @ Ashok Singh S/O Suresh Singh R/O Vill.- Ratanpura, P.S.-
Madanpur, Dist.- Aurangabad.
2. Mithilesh Singh S/O Suresh Singh R/O Vill.- Ratanpura, P.S.- Madanpur,
Dist.- Aurangabad.
3. Ankit Kumar Singh @ Monu Kumar @ Ankit Kumar Singh S/O Savindra
Singh R/O Vill.- Ratanpura, P.S.- Madanpur, Dist.- Aurangabad.
4. Rakesh Singh S/O Suresh Singh R/O Vill.- Ratanpura, P.S.- Madanpur,
Dist.- Aurangabad.
5. Santosh Kumar Sharma S/O Late Ramanand Sharma R/O Vill.- Ratanpura,
P.S.- Madanpur, Dist.- Aurangabad.
6. Deepak Sao S/O Mahangu Sao R/O Vill.- Ratanpura, P.S.- Madanpur, Dist.-
Aurangabad.
7. Manoranjan Kumar Yadav S/O Lakhan Yadav R/O Vill.- Ratanpura, P.S.-
Madanpur, Dist.- Aurangabad.
... ... Petitioner/s
Versus
1. The State Of Bihar Patna
2. Sheopujan Sharma S/O Late Alakdeo Sharma R/O Vill.- Ratanpura, P.S.-
Madanpur, Dist.- Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlendra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Instant restoration petition has been filed for restoration
of Cr. Appeal (SJ) No. 4022 of 2022 which stood dismissed
for default vide per-emptory order dated 14.11.2024 .
2. Learned counsel for the petitioners submitted that
vide order dated 14.11.2024, petitioners were directed to file
Patna High Court CR. MISC. No.18457 of 2025(2) dt.18-02-2026
2/2
jointness petition within three weeks but due to unavoidable
circumstances, the same could not be filed within the stipulated
time. But, now, the same has been filed on 16.12.2024 and as
such learned counsel for petitioners seeks restoration of Cr.
Appeal ( SJ) No. 4022 of 2022 to its original file .
3. In view of the aforesaid facts and reasons
mentioned in the restoration petition, the same is allowed.
4. Thus, Cr. Appeal (SJ) No. 4022 of 2022 is
restored to its original file .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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