Created by Fuzzy Cloud

Patna High Court

Prashant Kumar @ BittuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the dismissal can be set aside and the proceeding restored despite the belated filing of the requisites.

Summary

Petitioner Prashant Kumar filed an application seeking restoration of Criminal Miscellaneous No. 70882 of 2024, which had been dismissed on 20 August 2024 for failing to comply with a peremptory order dated 22 October 2024. The peremptory order had granted the petitioner one week to file requisites for issuing notice to Opposite Party No.2, but the requisites were not filed within that period. The petitioner argued that the delay was inadvertent and that the requisites were eventually filed on 29 November 2024, thereby complying with the order. The Court examined whether the belated filing justified restoring the dismissed case. Finding the petitioner's explanation satisfactory, the Court allowed the restoration application and ordered the case to be reinstated to its original file for further proceedings.

Issues considered

  • Whether a criminal miscellaneous proceeding dismissed for non‑compliance with a peremptory order can be restored when the required requisites are filed after the stipulated deadline.

Subjects

  • restoration of criminal proceedings
  • peremptory order
  • procedural compliance
  • criminal miscellaneous case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6766 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.70882 of 2024
                  Arising Out of PS. Case No.-354 Year-2024 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Prashant Kumar @ Bittu S/o Thakur Sir @ Thakur Sah R/o Village- Bari
                 Tola, P.S.- Muffasil, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Najarudin Alam S/o Nur Mohammad R/o Village- Bari Tola, Ward No.32,
                 P.S.- Muffasil, District- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sarvesh Kashyap, Advocate
                 For the State           :        Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

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

                   Misc. No. 70882 of 2024, which stood dismissed on 20.08.2024

                   due to non-compliance of peremptory order dated 22.10.2024.

                   By the said order, one week’s peremptory time was allowed to

                   learned counsel for the petitioner to file requisites to issue notice

                   to Opposite Party No. 2, however, the same was not filed within

                   stipulated time.

                                3. It is submitted by learned counsel for the petitioner

                   that due to inadvertence, the requisites could not be filed within
             Patna High Court CR. MISC. No.6766 of 2026(2) dt.25-03-2026
                                                         2/2




                       stipulated period, rather it was filed belatedly on 29.11.2024 and

                       the order dated 22.10.2024 has already been complied.

                                    4. In view of the aforesaid facts and circumstances of

                       the case, this restoration application is allowed.

                                    5. Accordingly, let Cr. Misc. No. 70882 of 2024 be

                       restored to its original file.

                                    6. Office is directed to verify and proceed further.




                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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