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Patna High Court

Kumari Sujata @ Sujata Kumari @ SujataversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the delay was condonable under Section 5 of the Limitation Act and allowed the restoration of the criminal miscellaneous proceeding.

Summary

The petitioners, Sujata Kumari, Ram Bilash Singh and Ashutosh Kumar, filed an interlocutory application under Section 5 of the Limitation Act seeking condonation of a delay of one month and seventeen days in filing a restoration application for Criminal Miscellaneous No. 85813 of 2018, which had been dismissed for non‑prosecution on 18 September 2024. They alleged that they were prevented from filing the restoration application within the statutory limitation period. The Court examined the petition and found the claim of prevention credible. Accordingly, the Court exercised its power under Section 5 of the Limitation Act to condone the delay. The restoration application was allowed, and Criminal Miscellaneous No. 85813 of 2018 was restored to its original file, subject to a cost of Rs.1,000 payable to the High Court Legal Services Committee. The interlocutory application (Cr. Misc. No. 88832 of 2024) was disposed of.

Issues considered

  • Whether the delay of one month and seventeen days in filing the restoration application can be condoned under Section 5 of the Limitation Act.
  • Whether the criminal miscellaneous proceeding can be restored after condonation of delay.

Legislation cited

Subjects

  • Limitation Act
  • condonation of delay
  • restoration of criminal proceedings
  • interlocutory application
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88832 of 2024
                                              In
                              CRIMINAL MISCELLANEOUS No.35813 of 2018
                   Arising Out of PS. Case No.-891 Year-2013 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
           1.     Kumari Sujata @ Sujata Kumari @ Sujata Wife of Basant Kumar, D/O- Sri
                  Ram Bilash Singh Resident of Village- Musadpur, P.S.- Barauni, District-
                  Begusarai
           2.    Ram Bilash Singh Son of Late Geeta Singh Resident of Village- Musadpur,
                 P.S.- Barauni, District- Begusarai
           3.    Ashutosh Kumar Son of Sri Ram Bilash Singh Resident of Village-
                 Musadpur, P.S.- Barauni, District- Begusarai

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Patna
           2.    Harishankar Kumar @ Hari Shankar Son of Ramakant Kumar Resident of
                 Vill- Dahiya, P.S.- Bhagwanpur, District- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Braj Bhusan Poddar, Advocate
                 For the Opposite Party/s :    Mrs. Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

3   11-03-2026                  I.A. No.01 of 2025

                                Heard learned Advocate on behalf of the petitioners.

                                2. This is an interlocutory application under Section 5

                   of the Limitation Act praying for condonation of delay by 01

                   month and 17 days in filing the application for restoration of Cr.

                   Misc. No.85813 of 2018, which              stood dismissed for non-

                   prosecution by order dated 18.09.2024.

                                3. I have perused the averments made in the petition it

                   appears to this Court that the petitioners were sufficiently
             Patna High Court CR. MISC. No.88832 of 2024(3) dt.11-03-2026
                                                         2/2




                       prevented from filing the said application within the statutory

                       period of limitation. Therefore, the application under Section 5

                       of the Limitation Act is allowed and delay is condoned.

                                      4. For the reasons stated in the restoration

                       application, the present restoration application is allowed and

                       Cr. Misc. No. 85813 of 2018 is restored to its original file,

                       subject to payment of cost of Rs.1,000/- to be paid by the

                       petitioner to the Patna High Court Legal Services Committee.

                                    5. Accordingly, the Cr. Misc. No. 88832 of 2024

                       stands disposed of.



                                                 (Bibek Chaudhuri, J)
mdrashid/-

U      T


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