Patna High Court
Lalan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the dismissal for default could be set aside and the proceeding restored.
Summary
Petitioners Lalan Singh and Rajan Singh filed a restoration application seeking to revive Criminal Miscellaneous No. 40409 of 2025, which had been dismissed for default because they failed to comply with an order dated 11‑08‑2025. The High Court examined whether the procedural default could be remedied and the case restored to the file. Relying on the principle that courts may restore dismissed proceedings when the defect is cured, the Court allowed the restoration application. Consequently, the dismissed case was reinstated to its original file. The Court also granted the petitioners two weeks to rectify the defects identified by the court office.
Issues considered
- Whether a criminal miscellaneous proceeding dismissed for default can be restored upon filing a restoration application.
Subjects
- restoration of proceedings
- criminal miscellaneous case
- default dismissal
- procedural defect
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.908 of 2026
In
CRIMINAL MISCELLANEOUS No.40409 of 2025
Arising Out of PS. Case No.-100 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
1. Lalan Singh S/o Shiv Narayan Singh R/o vill - Sonawa, P.S.- Didarganj,
Distt.- Patna, Bihar
2. Rajan Singh @ Ranjan Singh @ Rajan Kumar S/o Shiv Narayan Singh R/o
vill - Sonawa, P.S.- Didarganj, Distt.- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikhil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Nikhil Kumar Singh, learned counsel for
the petitioners and Mr. Chandra Sen Prasad Singh, learned
A.P.P. for the State.
2. The present restoration application has been filed
for restoration of the Cr. Misc. No. 40409 of 2025 which stood
dismissed for default due to non-compliance of the order dated
11.08.2025.
3. For the reasons stated in the restoration application,
the prayer for restoration is allowed and Cr. Misc. No. 40409 of
2025 is restored to its original file.
4. Accordingly, the present restoration application
stands disposed of.
Patna High Court CR. MISC. No.908 of 2026(2) dt.09-01-2026
2/2
5. Further two weeks' time is granted to learned
counsel for the petitioners to remove the defect(s) as pointed out
by the office in Cr. Misc. No. 40409 of 2025.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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