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Patna High Court

ASHWANI KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The application for restoration is allowed, and the dismissed criminal miscellaneous proceeding is restored to its original file.

Summary

Ashwani Kumar filed an application seeking restoration of Criminal Miscellaneous No. 4827 of 2022, which had been dismissed on 24-12-2022 for failure to comply with a peremptory order dated 22-11-2022. The peremptory order required the petitioner’s counsel to file requisites to issue notice to Opposite Party No.2 within two weeks, which was not done. The petitioner argued that Opposite Party No.2 had filed a vakalatnama on 28-11-2022, within the stipulated period, and therefore the requisites were effectively complied with. The Court examined whether filing a vakalatnama by the opposite party satisfied the petitioner’s compliance obligation. Finding that the filing of the vakalatnama indicated the opposite party’s appearance and that the petitioner’s counsel had not filed the required requisites, the Court nonetheless allowed the restoration on equitable grounds. Consequently, the Court ordered that Criminal Miscellaneous No. 4827 of 2022 be restored to its original file and directed the office to verify and proceed further.

Issues considered

  • Whether the dismissal of Criminal Miscellaneous No. 4827 of 2022 for non‑compliance with a peremptory order can be set aside on the ground that the opposite party filed a vakalatnama within the prescribed period.

Subjects

  • restoration of criminal proceedings
  • peremptory order
  • non‑compliance
  • vakalatnama
  • criminal miscellaneous case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.79514 of 2025
                                                 In
                                 CRIMINAL MISCELLANEOUS No.4827 of 2022
                          Arising Out of PS. Case No.-611 Year-2021 Thana- BIHTA District- Patna
                 ======================================================
                 ASHWANI KUMAR S/o Jagdish Pandit R/o Village- Kanhauli, P.S.- Bihta,
                 District- Patna.

                                                                                     ... ... Petitioner/s
                                                         Versus

           1.    The State of Bihar
           2.    Anjana Devi W/o Ashwani Kumar R/o vill - Kanhauli, P.S.- Bihta, Distt.-
                 Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Pramod Rajpati, Advocate
                                                   Ms. Durga Kumari, Advocate
                                                   Ms. Parishmita Bora, Advocate
                 For the State            :        Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   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. 4827 of 2022, which stood dismissed on 24.12.2022

                   due to non-compliance of peremptory order dated 22.11.2022.

                   By the said order, two weeks’ peremptory time was granted 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
             Patna High Court CR. MISC. No.79514 of 2025(3) dt.25-03-2026
                                                         2/2




                       that Opposite Party No. 2 appeared before this Hon’ble Court by

                       filing Vakalatnama on 28.11.2022 i.e. within two weeks from

                       order dated 22.11.2022 and therefore, the requisite, etc. had not

                       been filed.

                                    4. In view of the aforesaid facts and circumstances of

                       the case, this restoration application is allowed.

                                    5. Accordingly, let Cr. Misc. No. 4827 of 2022 be

                       restored to its original file.

                                    6. Office is directed to verify and proceed further.




                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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