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Patna High Court

Shobha DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal is restored to its original file, subject to removal of the remaining defects within four weeks.

Summary

The petitioner, Shobha Devi, filed a petition seeking restoration of Criminal Appeal (DB) No. 329 of 2021, which had been dismissed for non‑compliance with a peremptory order dated 30‑01‑2025. The petitioner’s counsel argued that the defects were inadvertent and promised to cure the remaining deficiencies within four weeks. The State of Bihar raised no serious objection to the restoration. The bench, after considering the submissions, ordered that the appeal be restored to its original file, subject to the petitioner correcting the defects within four weeks. Consequently, the petition was disposed.

Issues considered

  • Whether a criminal appeal dismissed for non‑compliance with a peremptory order can be restored on the ground of inadvertent defect and a promise to cure the defects within a stipulated period

Subjects

  • restoration of appeal
  • peremptory order
  • criminal procedure
  • high court
  • non‑compliance

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31253 of 2025
                                               In
                                 CRIMINAL APPEAL (DB) No.329 of 2021
                        Arising Out of PS. Case No.-159 Year-2016 Thana- PUPRI District- Sitamarhi
                 ======================================================
                 Shobha Devi

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar & Ors.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Devendra Kumar, Advocate
                 For the Opposite Party/s :        Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   29-01-2026             The present petition has been filed for restoration of an

                   appeal bearing Criminal Appeal (DB) No. 329 of 2021, which

                   has stood dismissed on account of non-compliance of the

                   peremptory order dated 30.01.2025, passed by a coordinate

                   Bench of this Court.

                   2.      The learned counsel for the petitioner submits that on

                   account of inadvertence, the defects could not be cured within

                   the time stipulated by this Court, nonetheless he would remove

                   all the remaining defects pointed out by the Stamp Reporter

                   within a period of four weeks from today, thus a sympathetic

                   view be taken and the aforesaid appeal be restored.

                   3.      Per contra, the learned counsel appearing for the State
             Patna High Court CR. MISC. No.31253 of 2025(2) dt.29-01-2026
                                                         2/2




                       has got no serious objection in case the aforesaid appeal is

                       restored.

                       4.      Having regard to the submissions advanced by the learned

                       counsel for the petitioner as also considering the averments

                       made in the present petition, we deem it fit and proper to direct

                       for restoration of the aforesaid appeal bearing Criminal Appeal

                       (DB) No. 329 of 2021 to its original file, however subject to

                       removal of the remaining defects within a period of four weeks

                       from today.

                       5.      Accordingly, the present petition stands disposed off.



                                               (Mohit Kumar Shah, J)


                                               (Alok Kumar Pandey, J)
S.Sb/-

U        T


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