Patna High Court
Gautam Singh @ Gautam Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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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