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Patna High Court

Gautam Singh @ Gautam Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed restoration of the dismissed criminal miscellaneous proceeding subject to the petitioner depositing Rs. 5,000.

Summary

Gautam Singh filed an application seeking restoration of Criminal Miscellaneous No. 2781 of 2023, which had been dismissed for failure to comply with a pre‑emptory order dated 12‑Oct‑2023. The petitioner argued that the reasons for non‑compliance justified reinstatement of the case. The High Court examined whether the dismissal could be set aside despite the procedural lapse. It held that the restoration petition could be allowed provided the petitioner deposited a sum of Rs. 5,000 with the Legal Services Committee. Accordingly, the court directed the office to verify and restore the dismissed case to its original file.

Issues considered

  • Whether a criminal miscellaneous proceeding dismissed for non‑compliance with a pre‑emptory order can be restored.
  • Whether the court may impose a monetary condition for restoration.

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89745 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.2781 of 2023
                    Arising Out of PS. Case No.-470 Year-2018 Thana- KHAGARIA COMPALINT CASE
                                                     District- Khagaria
                 ======================================================
                 Gautam Singh @ Gautam Kumar Singh S/O Manilal Singh R/O Vill.-
                 Ballamjan, P.S.- Maheshkhunt, Dist.- Khagaria.


                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    MONI DEVI Wife of Gautam Singh, D/o Binod Mandal R/o Vill.- Naya
                 Gawan Pachkhutti, P.S.- Parbatta, District- Khagaria


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

2   09-01-2026                  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. 2781 of 2023 which stood dismissed due to non -

                   compliance of pre-emptory order dated 12.10.2023 .

                                3 . The submissions advanced by learned counsel

                   appearing on behalf of the petitioner and reasons mentioned in

                   the restoration application are accepted and this restoration

                   petition is allowed, subject to condition that petitioner shall

                   deposit a sum of Rs. 5,000/- in the office of Patna High Court
            Patna High Court CR. MISC. No.89745 of 2025(2) dt.09-01-2026
                                                        2/2




                      Legal Services Committee, Patna .

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

                      No. 2781 of 2023 to its original file .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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