Created by Fuzzy Cloud

Patna High Court

Sanjay Kumar JaiswalversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.