Patna High Court
Triveni Yadav @ Triveni KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The application for restoration of the dismissed criminal appeal was rejected.
Summary
The petitioners, a group of six individuals, filed an application before the Patna High Court seeking restoration of Criminal Appeal (SJ) No. 4474 of 2021, which had been dismissed for failure to comply with a peremptory order dated 28-11-2024. The peremptory order required the petitioners to rectify certain defects within four weeks, but they did not comply and filed the restoration application after a two‑year delay. The petitioners argued that their earlier counsel could not correct the defects because he had left practice and relocated to New Delhi. The Court examined whether the delay and non‑compliance justified denying the restoration request. Finding no sufficient reason to excuse the procedural lapse and noting the extensive delay, the Court rejected the application. Consequently, the appeal remains dismissed.
Issues considered
- Whether a criminal appeal dismissed for non‑compliance with a peremptory order can be restored after a two‑year delay.
Subjects
- restoration of appeal
- peremptory order
- procedural default
- delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29099 of 2026
In
CRIMINAL APPEAL (SJ) No.4474 of 2021
Arising Out of PS. Case No.-46 Year-2016 Thana- JAMALPUR District- Darbhanga
======================================================
1. Triveni Yadav @ Triveni Kumar son of Babu Saheb Yadav Resident of
Village -Kuvaul ps -Jamalpur Dist- Darbhanga
2. Babban yadav @ Babban Kumar yadav @ Babban Yadav Son of Babu
Saheb yadav Resident of Village -Kuvaul ps -Jamalpur Dist- Darbhanga
3. Dinesh yadav @ Dinesh Kumar Ray Son of Soti lal Yadav Resident of
Village -Kuvaul ps -Jamalpur Dist- Darbhanga
4. Sunil yadav @ Sunil Kumar son of Babu Narayan yadav Resident of Village
-Kuvaul ps -Jamalpur Dist- Darbhanga
5. Ranjeet Yadav @ Ranjit yadav Son of Sukmar Yadav Resident of Village
-Kuvaul ps -Jamalpur Dist- Darbhanga
6. Teyab Nadab @ Md. Tayeb @ Teyab Nadaf Son of Kailu Nadaf Resident of
Village -Kuvaul ps -Jamalpur Dist- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Bishnudeo Paswan Son of Sahdeo Paswan Resident of Village -Kuvaul ps
-Jamalpur Dist- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ugranath Mallik
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 01-05-2026 1. Heard the parties.
2. The present application has been filed for
restoration of Cr. Appeal (SJ) No. 4474 of 2021 which got
dismissed due to non compliance of peremptory order dated
28.11.2024.
3. Mr. Ugranath Mallilk, learned counsel for the
Patna High Court CR. MISC. No.29099 of 2026(2) dt.01-05-2026
2/2
appellants submits that earlier counsel could not remove the
defects pointed out by the office as by that point of time he had
left practice and performed marriage and shifted to New Delhi.
4. The peremptory order was to be complied within
four weeks, but the appellants failed to comply the same. Even,
restoration application has been filed after two years.
5. Accordingly, I do not find any reason to allow this
application. The same is rejected.
(Anil Kumar Sinha, J)
praful/-
U
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