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Patna High Court

Lalmuni DeviversusShankar Prasad

Decided
Disposal
ALLOWED

Holding

The delay is condoned and Criminal Revision No. 788 of 2024 is restored to its original file.

Summary

Lalmuni Devi filed an application seeking restoration of Criminal Revision No. 788 of 2024, which had been dismissed for default on 10 February 2025. She alleged that her counsel, Mr. Bijay Kumar, was seriously ill and hospitalized at AIIMS Patna on the date the restoration deadline fell, preventing timely filing. The petitioner submitted a supplementary affidavit and medical documents evidencing the advocate’s illness. The Court examined the medical evidence, found no reason to doubt its authenticity, and held that the petitioner was sufficiently prevented from filing within the prescribed period. Consequently, the Court condoned the delay, restored the criminal revision to its original file, and disposed of the miscellaneous application. The order underscores that genuine medical incapacity of counsel can justify condonation of procedural delay.

Issues considered

  • Whether delay in filing a restoration application for a criminal revision can be condoned when the petitioner’s advocate was incapacitated by illness
  • Whether the criminal revision dismissed for default should be restored on the ground of such incapacity

Subjects

  • restoration of dismissed case
  • condonation of delay
  • criminal revision
  • advocate illness
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.68742 of 2025
                                                     In
                                  CRIMINAL REVISION No.788 of 2024
                 ======================================================
                 Lalmuni Devi W/O Shankar Prasad Village C/O Sri Raj Kumar Out House
                 Quarter Patna High Court East Gate, P.S.- Kotwali, District- Patna, presently
                 At Sri Hiramam Singh, Vill.- Bishanpur, P.S.- Bihta, Dist.- Patna.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    Shankar Prasad Son of Late Sarjug Prasad Village- Railway quarter No. 190,
                 B Loco colony khagoul, P.s.- Khagol, Dist.- Patna
           2.    The Accountant General Bihar Pension Section, Birchand Patel Marg, Patna
                 Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Bijay Kumar, Advocate
                 For the Opposite Party/s :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

5   11-03-2026                  This is an application dated 08.10.2025 filed on behalf

                   of the petitioner praying for restoration of Cr. Revision No.788

                   of 2024, which was dismissed for default on 10.02.2025.

                                2. By filing a supplementary affidavit, it is contended

                   by the petitioner that Mr. Bijay Kumar, learned Advocate on

                   behalf of the petitioner was seriously ill on 10.02.2025, he

                   admitted to AIIMS, Patna to undergo heard ailment.

                                3. After prolong treatment he regained his physical

                   fitness and came to Court on 08.10.2025 and knew that the

                   above numbered criminal revision was dismissed for default.

                   Immediately, he failed an application for restoration.
             Patna High Court CR. MISC. No.68742 of 2025(5) dt.11-03-2026
                                                         2/2




                                    4. The petitioner has filed a medical documents

                       alongwith the supplementary affidavit showing illness and

                       medical treatment of his learned Advocate Mr. Bijay Kumar.

                                    5. I do not have any alternative reason to disbelieve

                       the medical papers of a learned Member of this Bar.

                                    6. Considering such aspect of the matter, this Court is

                       of the view that the petitioner was sufficiently prevented from

                       filing the restoration application within time. Therefore, the

                       delay is condoned. Cr. Revision No.788 of 2024 is restored to its

                       original file.

                                    7. Cr. Misc. No.68742 of 2025 stands disposed of.



                                                 (Bibek Chaudhuri, J)
mdrashid/-

U      T


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