Patna High Court
MUNILAL SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- BIBEK CHAUDHURI
Holding
The Court held that the delay, though inordinate, may be condoned when the petitioner seeks a contested disposal, and therefore restored the criminal revision.
Summary
Munilal Singh filed a petition seeking condonation of a delay of one year, seven months and ten days in filing an application for restoration of Criminal Revision No. 699 of 2023, which had been dismissed for default on 3 April 2025. The petitioner claimed he was unaware of the dismissal until November 2025, received the certified copy of the order on 24 November 2025, and filed the restoration application on 15 January 2026. The Patna High Court examined whether the delay could be condoned despite its length. The Court held that, since the petitioner wishes the revision to be heard on its merits, the delay should be excused. Consequently, the Court allowed the condonation of delay and restored the criminal revision to its original file. The miscellaneous application was thereafter disposed of.
Issues considered
- Whether a delay of more than one year in filing an application for restoration of a dismissed criminal revision can be condoned.
Subjects
- condonation of delay
- restoration of criminal revision
- default dismissal
- high court discretion
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3135 of 2026
In
CRIMINAL REVISION No.699 of 2023
Arising Out of PS. Case No.-42 Year-2002 Thana- NASRIGANJ District- Rohtas
======================================================
Munilal Singh S/O Late Manu Singh Resident Of Village- Itimha, P.S.-
Nasariganj, District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bindeshwari Singh S/O Late Kesho Singh Village- Itimha, Ps. Nasariganj,
Dist. Rohtas
3. Dharmendra Singh S/O Late Kesho Singh Village- Itimha, Ps. Nasariganj,
Dist. Rohtas
4. Santosh Singh S/O Bindeshwari Singh Village- Itimha, Ps. Nasariganj, Dist.
Rohtas
5. Akhilesh Singh S/O Bindeshwari Singh Village- Itimha, Ps. Nasariganj,
Dist. Rohtas
6. Mithilesh Singh S/O Bindeshwari Singh Village- Itimha, Ps. Nasariganj,
Dist. Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar Ray, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
3 11-03-2026 This is an application for condonation of delay in
filing the application for restoration by 01 year 07 months and
10 days.
2. The record shows that Cr. Revision No.699 of 2023
was dismissed for default on 03.04.2025. The application for
restoration was filed on 15.01.2026. Thus, there was delay of 01
year 07 months and 10 days in filing the restoration application.
Patna High Court CR. MISC. No.3135 of 2026(3) dt.11-03-2026
2/2
3. The petitioner submits that he does not have any
knowledge that the revision application has been dismissed.
Only on in the month of November, 2025 he came to know that
the Cr. Revision No.699 of 2023 was dismissed on 03.04.2025.
4. The petitioner received the certified copy of the
order dated 03.04.2025 on 24.11.2025 and thereafter, the
application for restoration was filed. Though, there was
inordinate delay in filing the restoration application, this Court
is of the view that when the petitioner is inclined to get the
criminal revision disposed of in a contested fashion, he should
be given an opportunity. Therefore, the delay in filing the
restoration application is allowed and Criminal Revision No.
699 of 2023 is restored to its original file.
5. Cr. Misc. No. 3135 of 2026 stands disposed of.
(Bibek Chaudhuri, J)
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