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Patna High Court

Eragam Sudhir ReddyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the criminal miscellaneous proceeding may be restored by granting a reasonable extension of time to cure the defect, as it is in the interest of justice.

Summary

The petitioners, Eragam Sudhir Reddy and Eragam Sidhant Reddy, applied to the Patna High Court for restoration of Criminal Miscellaneous No. 43991 of 2022, which had been dismissed for failing to comply with an order dated 15‑12‑2025. The court examined the reasons for non‑compliance and the affidavit filed by the petitioners. Finding that extending the time to cure the defect would serve the interests of justice, the court granted a four‑week extension. Accordingly, the order dismissing the case was modified, and the criminal miscellaneous proceeding was restored to its original file. The restoration application was thereafter disposed of.

Issues considered

  • What is the appropriate judicial discretion when a criminal miscellaneous proceeding is dismissed for non‑compliance with a court order?
  • Whether an extension of time to cure the defect can be granted in the interest of justice to restore the proceeding?

Subjects

  • restoration of criminal proceedings
  • non‑compliance
  • extension of time
  • interest of justice
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36485 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.43991 of 2022
                        Arising Out of PS. Case No.-459 Year-2021 Thana- KOTWALI District- Patna
                 ======================================================
           1.     Eragam Sudhir Reddy Son of Late Eragam Ella Reddy Resident Of Plot No
                  580, Road No 32, Jubliee Hills, Shaikpet ,Hyderabad, Telengana
           2.    Eragam Sidhant Reddy Son of Sri Eragam Sudhir Reddy Resident Of Plot
                 No 580, Road No 32, Jubliee Hills, Shaikpet ,Hyderabad, Telengana

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sumeet Kumar Singh, Advocate
                                                   Ms. Abhilasha, Advocate
                 For the Opposite Party/s :        Mr. Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   19-06-2026                      Heard Mr. Sumeet Kumar Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Surendra Prasad

                   Singh, learned A.P.P. for the State.

                                 2. The petitioners seek restoration of Criminal

                   Miscellaneous No. 43991 of 2022, which stood dismissed for

                   non-compliance of the order dated 15.12.2025.

                                 3. For the reason assigned in the restoration

                   application and the affidavit, I find it in the interest of justice to

                   extend the date to remove the defect(s) as pointed out by the

                   stamp reporter for a further period of four weeks.

                                 4. The order dated 15.12.2025 passed in Criminal
              Patna High Court CR. MISC. No.36485 of 2026(2) dt.19-06-2026
                                                          2/2




                        Miscellaneous No. 43991 of 2022 is modified to the aforesaid

                        extent, therefore, Criminal Miscellaneous No. 43991 of 2022 is

                        restored to its original file.

                                     5. Accordingly, the present restoration application

                        stands disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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