Patna High Court
Devesh Kumar @ Devesh Kumar SrivastavaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The restoration application is dismissed as the petitioner showed no interest in prosecuting the case.
Summary
The petitioner, Devesh Kumar, filed a restoration application seeking to revive Criminal Miscellaneous No. 4477 of 2018, which had been dismissed for non‑prosecution on 21‑04‑2025, and earlier sought restoration of Criminal Miscellaneous No. 41177 of 2018 dismissed on 18‑04‑2024. No counsel appeared for the petitioner, while the Additional Public Prosecutor represented the State. The court observed that the petitioner appeared disinterested in prosecuting the case and noted that the main relief sought was the quashing of the FIR relating to PS Case No. 529 of 2017. Consequently, the court dismissed the restoration application, granting the petitioner liberty to raise any grounds at a later stage if a charge‑sheet is filed. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the restoration application for a criminal miscellaneous proceeding dismissed for non‑prosecution can be entertained in the absence of the petitioner’s representation
- Whether the petitioner is entitled to a further opportunity to raise grounds for quashing the FIR
Subjects
- restoration of criminal proceedings
- non‑prosecution
- quashment of FIR
- criminal miscellaneous
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.948 of 2026
In
CRIMINAL MISCELLANEOUS No.41177 of 2018
Arising Out of PS. Case No.-529 Year-2017 Thana- SHASTRINAGAR District- Patna
======================================================
Devesh Kumar @ Devesh Kumar Srivastava S/o- Suresh Prasad Srivastava
R/v- Newton Garden Apartment Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Special Judge, Excise Act Shastri Nagar, Patna, Bihar
3. Arun Kumar Thakur S/o- Late Ram Janam Thakur R/o- Jai Prakash Nagar,
Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-02-2026 None appears on behalf of the petitioner. However,
learned Additional Public Prosecutor for the State is present.
2. The present restoration application has been filed
for restoration of Criminal Miscellaneous No. 4477 of 2018,
which stood dismissed for non-prosecution by order dated
21.04.2025.
3. Earlier also the application for restoration of Cr.
Misc. No.41177 of 2018 of the petitioner was dismissed for non-
prosecution on 18.04.2024.
4. Today also none has appeared on behalf of the
petitioner in this restoration application. It seems that the
Patna High Court CR. MISC. No.948 of 2026(2) dt.09-02-2026
2/2
petitioner is not interested in prosecuting his case. The prayer in
the main quashing application is for quashing of F.I.R. in
connection with Shashtri Nagar P.S. Case No.529 of 2017.
5. Accordingly, this application is dismissed with
liberty to the petitioner to raise all the grounds at an appropriate
stage, if charge-sheet has been filed.
(Sandeep Kumar, J)
mdrashid/-
U T
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