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Patna High Court

RAMVILASH RAVIDASversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the restoration application is allowed and the criminal miscellaneous case is restored to its original file.

Summary

The petitioner, Ramvilash Ravidas, filed an application seeking restoration of Criminal Miscellaneous No. 2013 of 2026, which had been dismissed for failure to comply with a peremptory order dated 20‑01‑2026. The learned counsel argued that the requisite steps, including sending notice to the second opposite party, had been completed. The Hon'ble Justice Rajesh Kumar Verma examined the restoration application and found the petitioner had satisfied the conditions for reinstatement. Consequently, the court allowed the restoration application and ordered that the case be restored to its original file. The court further directed the office to proceed with issuing the notice to the second opposite party as per the earlier order.

Issues considered

  • Whether a criminal miscellaneous proceeding dismissed for non‑compliance with a peremptory order can be restored upon filing a suitable application?

Subjects

  • restoration of proceedings
  • criminal miscellaneous case
  • peremptory order
  • non‑compliance
  • notice issuance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19299 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.2013 of 2026
                       Arising Out of PS. Case No.-958 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
                 RAMVILASH RAVIDAS S/o- Mundrika Ravidas R/v- Job Ps- Khaira Garhi
                 Dist- Jamui

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Gudiya Devi W/O Pappu Ravidas R/O Vill.- Maniyato , P.S- Kawakol , Dist-
                 Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-04-2026                  Heard Mr.Sheo Nandan Prasad, learned counsel for

                   the petitioner and Mr.Mritunjay Kumar Nirala, learned A.P.P. for

                   the State.

                                2. This application has been filed for restoration of Cr.

                   Misc. No.2013 of 2026 which stood dismissed for non-

                   compliance of peremptory order dated 20.01.2026.

                                3. For the reasons stated in the restoration application,

                   the prayer for restoration is allowed and Cr. Misc. No. 2013 of

                   2026 is restored to its original file.

                                4. Accordingly, the restoration application stands

                   allowed.

                                5. Learned counsel for the petitioner submits that he
               Patna High Court CR. MISC. No.19299 of 2026(2) dt.03-04-2026
                                                           2/2




                         has already filed the requisites for sending the notice to opposite

                         party No.2 after the fixed date in compliance to the order dated

                         20.01.2026 passed in Cr. Misc. No.2013 of 2026.

                                      6. Office is directed to proceed accordingly.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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