Patna High Court
Ishwar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The Court restored Criminal Revision No. 439 of 2022 to its original file and number.
Summary
The petitioner, Ishwar Yadav, filed an application seeking restoration of Criminal Revision No. 439 of 2022, which had been dismissed on 13 October 2025 for failure to comply with a peremptory order dated 2 September 2025. The petition argued that the dismissal was premature and that the revision should be reinstated to allow the merits to be considered. The High Court examined whether the procedural lapse justified the dismissal and whether the court had discretion to set aside that dismissal. Finding that the dismissal was not warranted in the circumstances, the Court restored the revision to its original file and number. Consequently, the petition was allowed, and the criminal revision was reinstated.
Issues considered
- Whether a criminal revision dismissed for non‑compliance with a peremptory order can be restored upon a petition.
Subjects
- criminal revision
- restoration
- peremptory order
- dismissal
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.826 of 2026
In
CRIMINAL REVISION No.439 of 2022
Arising Out of PS. Case No.-17 Year-2012 Thana- BARHAT District- Jamui
======================================================
Ishwar Yadav S/O Bhikhan Yadav R/O Vill.- Bhandara, P.S.- Barhat, Dist.-
Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Yadav Son Of Late Prabhu Yadav Resident of village- Bhandara,
P.S.- Barhat, District- Jamui
3. Shivam Yadav Son Of Nundeo Yadav Resident of village- Bhandara, P.S.-
Barhat, District- Jamui
4. Arun Yadav Son Of Nundeo Yadav Resident of village- Bhandara, P.S.-
Barhat, District- Jamui
5. Ramesh Yadav Son Of Late Nand Kishore Yadav Resident of village-
Bhandara, P.S.- Barhat, District- Jamui
6. Dablu Yadav Son Of Ram Yadav Resident of village- Bhandara, P.S.-
Barhat, District- Jamui
7. Chhotu Yadav Son Of Ram Yadav Resident of village- Bhandara, P.S.-
Barhat, District- Jamui
8. Prayag Yadav Son Of Late Amrit Yadav Resident of village- Bhandara, P.S.-
Barhat, District- Jamui
9. Ganesh Yadav Son Of Amrit Yadav Resident of village- Bhandara, P.S.-
Barhat, District- Jamui
10. Ajay Yadav Son Of Suraj Yadav Resident of village- Bhandara, P.S.- Barhat,
District- Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar, Advocate
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 13-02-2026 The present application has been filed for restoration
of Criminal Revision No. 439 of 2022 which stood dismissed
vide order dated 13.10.2025 for non-compliance of peremptory
Patna High Court CR. MISC. No.826 of 2026(3) dt.13-02-2026
2/2
order dated 02.09.2025.
2. For the reasons mentioned in the petition, Criminal
Revision No. 439 of 2022 is restored to its original file and
number.
3. Accordingly, the present petition is allowed.
(Arun Kumar Jha, J)
DKS/-
U T
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