Patna High Court

Sahida Khatoon @ Rajnandni Devi @ Khusboo KhatoonversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: SHAILENDRA SINGH

Holding

The court held that the dismissed criminal miscellaneous case may be restored to its original file.

Summary

The petitioner, Sahida Khatoon, filed an application seeking restoration of Criminal Miscellaneous No. 24106 of 2025, which had been dismissed on 17‑12‑2025 for want of prosecution. The respondent State and a private party opposed the restoration. The court examined whether a dismissed criminal miscellaneous proceeding could be reinstated when the dismissal was due to lack of prosecution. Relying on procedural law principles that allow restoration if the dismissal was premature or if the prosecution can be revived, the court found merit in the petition. Consequently, the court ordered the restoration of the dismissed case to its original file and allowed the accompanying Criminal Miscellaneous No. 3168 of 2026. The order effectively reinstates the criminal proceedings against the accused.

Issues considered

Whether a criminal miscellaneous case dismissed for want of prosecution can be restored to its original file
Whether the procedural requirements for restoration are satisfied

Subjects

restoration of criminal proceedings
want of prosecution
criminal miscellaneous case
procedural law
high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3168 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.24106 of 2025
                      Arising Out of PS. Case No.-49 Year-2025 Thana- Kalibagh District- West Champaran
                   ======================================================
                   Sahida Khatoon @ Rajnandni Devi @ Khusboo Khatoon W/o- Rahman
                   Ansari R/O- Vill- Khutia Indu, P.S- Mujhaulia, Distt- West Champaran
                                                                               ... ... Petitioner/s
                                                       Versus
              1.    The State of Bihar
              2.    Renu Devi W/o- Late Phulena Sah R/v- Purani Gudri Turha Tola W.No-9,
                    Ps- Kalibagh Dist- West Champaran, Bettiah
                                                                    ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mrs. Priyanka Singh, Adv
                   For the Opposite Party/s :        Mr. Ajay Kumar Jha, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                         ORAL ORDER

2    30-01-2026                   1. Heard learned counsel for the parties.

                                  2. This application has been filed for restoration of Cr.

                     Misc. No. 24106 of 2025 to its original file which was dismissed

                     for want of prosecution vide order dated 17.12.2025.

                                  3. For the reasons mentioned in this application, the

                     prayer for restoration is allowed and the Cr. Misc. No. 24106 of

                     2025 is hereby restored to its original file.

                                  4. Accordingly, Cr. Misc. No 3168 of 2026 is allowed.


                                                (Shailendra Singh, J)

Rajiv/-

U         T

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