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Patna High Court

Vivek AgrawalversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court restored Criminal Miscellaneous No. 50131 of 2023, subject to the petitioners depositing Rs 5,000.

Summary

The petitioners, Vivek Agrawal and his wife Jaya Agrawal, filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 50131 of 2023, which had been dismissed on 13‑02‑2024 for failure to comply with a pre‑emptory order. The petitioners argued that the reasons for non‑compliance were justified and that the case merited reinstatement. The Court examined the submissions of counsel for both parties and found the petitioners’ explanations satisfactory. It held that the dismissal could be set aside provided the petitioners complied with a modest condition. Accordingly, the Court ordered the restoration of the dismissed case, subject to the petitioners depositing Rs 5,000 in the High Court Legal Services Committee office. The order directs the court office to verify and restore the original file of the case.

Issues considered

  • Whether a criminal miscellaneous proceeding dismissed for non‑compliance with a pre‑emptory order can be restored upon filing a restoration application.
  • Whether imposing a condition of depositing a monetary sum is a valid prerequisite for restoration.

Subjects

  • restoration of criminal proceedings
  • pre‑emptory order
  • non‑compliance
  • criminal miscellaneous case
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72232 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.50131 of 2023
                       Arising Out of PS. Case No.-434 Year-2021 Thana- DANAPUR District- Patna
               ======================================================
           1 . Vivek Agrawal S/O Late Surendra Kumar Agrawal R/O Road No. 1, Mourya
                Vihar Colony, In front of Foundation School, P.O.- Khagaul, P.S.- Fulwari,
                District- Patna
           2.    Smt. Jaya Agrawal W/O Sri Vivek Agrawal R/O Road No. 1, Mourya Vihar
                 Colony, In front of Foundation School, P.O.- Khagaul, P.S.- Fulwari,
                 District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar Patna
           2.    Sahjad Alam S/O Late Md. Kamal R/O Vill.- Saguna Mainpura, P.S.-
                 Danapur, Dist.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar Dubey, Advocate
                 For the Opposite Party/s :       Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   09-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State .

                                2. This application has been filed for restoration of

                   Cr. Misc. No. 50131 of 2023 which stood dismissed vide order

                   dated 13.02.2024 due to non-compliance of pre–emptory order.

                                3 . The submissions advanced by learned counsel

                   appearing on behalf of the petitioners and reasons mentioned in

                   the restoration application are accepted and this restoration

                   petition is allowed, subject to condition that petitioners shall

                   deposit a sum of Rs. 5,000/- in the office of Patna High Court
            Patna High Court CR. MISC. No.72232 of 2025(4) dt.09-01-2026
                                                        2/2




                      Legal Services Committee, Patna .

                                   4. Office is directed to verify and restore Cr. Misc.

                      No. 50131 of 2023 to its original file .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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