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Patna High Court

Triveni Yadav @ Triveni KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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