Patna High Court

Chandra Kishore Prasad @ Devendra Pratap (Dev)versusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: ARUN KUMAR JHA

Holding

The High Court may restore a criminal revision dismissed for non‑compliance if the petitioner furnishes satisfactory reasons for the omission.

Summary

The petitioner, Chandra Kishore Prasad, filed an application before the Patna High Court seeking restoration of Criminal Revision No. 544 of 2022, which had been dismissed on 17 November 2025 for failure to comply with an earlier order dated 8 September 2025. The petitioner explained the omission that led to the non‑compliance and submitted reasons for why the revision should be reinstated. The Court examined whether the reasons provided were sufficient to justify setting aside the dismissal. Satisfied with the petitioner's explanation, the Court allowed the restoration of the revision to its original file. The restoration was conditioned upon the petitioner depositing a cost of Rs. 1,000 with the High Court Legal Services Committee within two weeks. Consequently, the criminal revision is revived and the matter proceeds on its merits.

Issues considered

What is the appropriate remedy when a criminal revision is dismissed for non‑compliance with a court order?
Whether the High Court may restore a dismissed criminal revision upon satisfactory explanation of the omission?

Subjects

criminal revision
restoration
non‑compliance
procedural law
Patna High Court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.21444 of 2026
                                                      In
                                      CRIMINAL REVISION No.544 of 2022
                    ======================================================
                    Chandra Kishore Prasad @ Devendra Pratap (Dev) S/O Vishvanath
                    Chaudhary Resident of Village- Tejeyapur, P.S- Pipra Kothi, Distt.- East
                    Champaran( Motihari).
                                                                          ... ... Petitioner/s
                                                    Versus
               1.    The State of Bihar
               2.    Pushpa Devi W/O Chandra Kishore Prasad @ Devendra Pratap (Dev) D/O
                     Krishna Chaudhary, R/O Village- Sri Krishna Nagar, P.S- Motihari, Distt.-
                     East Champaran (Motihari).
                                                                       ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Sriniwas Jha, Advocate
                    For the Opposite Party/s :      Mr. Prem Kumar Jha, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                          ORAL ORDER

3    17-04-2026                       Heard learned counsel for the petitioner.

                                 2. This application has been filed for restoration of

                      Criminal Revision No. 544 of 2022, which stood dismissed on

                      17.11.2025 for non-compliance of the order dated 08.09.2025.

                                   3. On being satisfied with the reasons mentioned in

                      this petition explaining omission on part of the petitioner, the

                      same is allowed and Criminal Revision No. 544 of 2022 is

                      restored to its original file subject to cost of Rs.1000/- to be

                      deposited by the petitioner in the coffers of Patna High Court

                      Legal Services Committee within two weeks from today.



                                                 (Arun Kumar Jha, J)
V.K.Pandey/-

U      T

Continue reading with your account

Checking your session…