Patna High Court
Mahendra SinghversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- BIBEK CHAUDHURI
Holding
The application for restoration is dismissed as it is barred by the limitation period.
Summary
Mahendra Singh filed an application on 3 December 2025 seeking restoration of Criminal Revision No. 284 of 2024, which had been dismissed for default on 22 April 2025. The court noted that the application was filed well after the period prescribed by the Limitation Act and that no application under Section 5 of the Limitation Act was made. Consequently, the court held that the petition was barred by limitation. The application was therefore dismissed. The decision rests on the strict application of the limitation period for filing a restoration petition.
Issues considered
- Whether an application for restoration of a criminal revision dismissed for default can be entertained after the limitation period has expired
- Whether Section 5 of the Limitation Act, 1963 can be invoked to condone the delay in filing the restoration application
Legislation cited
- Limitation Act, 1963 — s. 5
Subjects
- Criminal Revision
- Limitation
- Restoration of Revision
- Section 5 Limitation Act
- Default Dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85428 of 2025
In
CRIMINAL REVISION No.284 of 2024
Arising Out of PS. Case No.-1318 Year-2018 Thana- SITAMARHI COMPLAINT CASE
District- Sitamarhi
======================================================
Mahendra Singh s/o Late Ram Dev Singh Resident Of Village- Baccharpur,
P.o. Kumhara Vishnupur, P.s.- Dumra, Dist.- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Harendra Chaudhary S/O Dunbahadur Chaudhary Resident Of Village-
Dhobauli, P.o. Kumhara Vishnupur, P.s.- Dumra, Dist.- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
2 18-02-2026 This is an application for restoration of Cr. Rev. No.
284 of 2024, which was dismissed for default on 22 nd April,
2025.
2. The application was filed on 3rd December, 2025
i.e. after long expiry of the period of limitation. No application
under Section 5 of the Limitation Act be filed.
3. In view of such circumstances, the instant
application is dismissed on the ground of limitation.
(Bibek Chaudhuri, J)
Jyoti Kumari/-
U T
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