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Patna High Court

Babita DeviversusThe State of Bihar through the Director General of Police, Patna, Bihar

Decided
Disposal
ALLOWED

Holding

The court restored the dismissed criminal writ jurisdiction case subject to payment of costs.

Summary

Petitioner Babita Devi filed an application seeking restoration of Criminal Writ Jurisdiction Case No. 802 of 2022, which had been dismissed for non‑prosecution. The High Court examined the petitioner's explanation for the omission and was satisfied that the reasons warranted reinstatement. The Court ordered that the case be restored to its original file and number, subject to a cost of Rs.1,000 to be deposited with the Patna High Court Legal Services Committee. The cost was to be paid within two weeks. The application was thereafter disposed.

Issues considered

  • Whether a criminal writ jurisdiction case dismissed for non‑prosecution can be restored upon the petitioner's explanation?

Subjects

  • Criminal Writ Jurisdiction
  • Restoration of Dismissed Case
  • Non‑prosecution
  • Cost Order
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9328 of 2026
                                                     In
                               Criminal Writ Jurisdiction Case No.802 of 2022
                  Arising Out of PS. Case No.-375 Year-2021 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Babita Devi Wife of Kameshwar Mahto Resident of village- Sanrha Ps-
                 Chapra Muffasil, Dist- Saran

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar through the Director General of Police, Patna, Bihar &
                 Ors.

                                                                           ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravish Mishra, Advocate
                 For the Opposite Party/s :      Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   06-02-2026                   Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                              2. This application has been filed for restoration of

                   Cr.W.J.C. No. 802 of 2022, which stood dismissed for non-

                   prosecution vide order dated 13.01.2026.

                              3. On being satisfied with the reasons mentioned in this

                   application explaining omission on the part of the petitioner,

                   Cr.W.J.C. No. 802 of 2022 is restored to its original file and

                   number subject to cost of Rs.1,000/- to be deposited in the

                   coffers of Patna High Court Legal Services Committee within

                   two weeks.
           Patna High Court CR. MISC. No.9328 of 2026(2) dt.06-02-2026
                                                       2/2




                                  4. Accordingly, this application stands disposed of.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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