Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court restored the dismissed Criminal Miscellaneous No.14843 of 2025, allowing the petitioner's application for restoration.
Summary
The petitioner, Sanjeev Kumar, filed an application seeking restoration of Criminal Miscellaneous No.14843 of 2025, which had been dismissed on 12 January 2026 for want of prosecution. He contended that the failure to appear before the court was neither intentional nor deliberate. The court examined whether a dismissal for want of prosecution could be set aside on the ground of inadvertent non‑appearance. Finding the petitioner's explanation satisfactory, the court allowed the restoration application. Consequently, the dismissed case was restored to its original file and number, and the office was directed to re‑notify the case on 16 February 2026 before the appropriate bench. The application was thereafter disposed.
Issues considered
- What is the appropriate remedy when a criminal miscellaneous case is dismissed for want of prosecution due to the petitioner's non‑appearance?
- Can a dismissal be set aside if the non‑appearance is not intentional or deliberate?
Subjects
- restoration of criminal case
- want of prosecution
- procedural law
- criminal miscellaneous proceedings
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6834 of 2026
In
CRIMINAL MISCELLANEOUS No.14843 of 2025
Arising Out of PS. Case No.-336 Year-2024 Thana- BEUR District- Patna
======================================================
Sanjeev Kumar S/O Nageshwar Singh R/O Ajay Kumar, Gate No.90, Near
Buddha Toyota, Makdumpur, P.S- Digha, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chandan Kumar S/O Sahan Kumar R/O Binodpur, P.S- Singhaul, Distt.-
Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Prasad Singh, Adv
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 05-02-2026 Heard learned counsel appearing on behalf of the
parties.
2. This application has been filed for restoration of
Cr. Misc. No.14843 of 2025, which has been dismissed in
want of prosecution, vide order dated 12.01.2026. It is
submitted that aforesaid non-appearance was neither
intentional nor deliberate.
3. Further, for the reasons as mentioned in the
restoration application itself, the present petition is allowed
and the Cr. Misc. No.14843 of 2025 is restored to its original
file and number.
Patna High Court CR. MISC. No.6834 of 2026(2) dt.05-02-2026
2/2
4. Accordingly, present application stands disposed
of.
5. Upon restoration, office is directed to re-notify
Cr. Misc. No.14843 of 2025, on 16.02.2026 before
Appropriate Bench.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U
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