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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