Patna High Court
Lalmuni DeviversusShankar Prasad
- Decided
- Disposal
- ALLOWED
- Bench
- BIBEK CHAUDHURI
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/-
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