Patna High Court
Sanjay Kumar JaiswalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the restoration application was maintainable and therefore the criminal miscellaneous case is restored to its original file.
Summary
Sanjay Kumar Jaiswal filed a petition seeking restoration of Criminal Miscellaneous No. 56931 of 2015, which had been previously removed from the court's docket. The petition was filed against the State of Bihar and Prashant Kumar Sinha, with counsel Ajit Kumar Sinha representing the petitioner and Upendra Kumar appearing for the respondents. The petitioner relied on the grounds stated in the restoration application, arguing that the case should be reinstated to its original file. The court examined whether the restoration application satisfied the legal requirements for reinstating a criminal miscellaneous proceeding. Finding the grounds sufficient, the court allowed the restoration application. Consequently, the case was restored to its original file for further proceedings.
Issues considered
- Whether the criminal miscellaneous case may be restored to the original file upon filing of a restoration application
- Whether the grounds pleaded in the restoration application satisfy the statutory criteria for restoration
Subjects
- restoration of criminal case
- criminal miscellaneous proceedings
- procedural law
- court docket
- petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.462 of 2026
In
CRIMINAL MISCELLANEOUS No.56931 of 2015
Arising Out of PS. Case No.-3273 Year-2014 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Sanjay Kumar Jaiswal Son of Mathura Prasad Jaiswal Resident of Mohalla-
Rai Jai Krishna Road, Gurhatta, Patna City- 800008, P.S.- Khajekala, District-
Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prashant Kumar Sinha Son of Om Prakash Sinha Resident of Mohalla- Puri
Nandgola Ghat, Patna City, P.S.- Malsalami, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In view of the grounds taken in the restoration
application, the same is allowed, accordingly, Cr. Misc. No.
56931 of 2015 is restored to its original file.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.