Patna High Court
Sudhanshu Singh @ Sudhanshu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
A criminal miscellaneous proceeding dismissed for default may be restored upon a proper application showing sufficient cause.
Summary
Petitioners Sudhanshu Singh and Himanshu Kumar filed an application seeking restoration of Criminal Miscellaneous No. 33157 of 2025, which had been dismissed for default due to non‑compliance with an order dated 23‑06‑2025. The learned counsel argued for setting aside the dismissal. The High Court examined whether a dismissed criminal miscellaneous proceeding could be revived upon a proper application. Finding merit in the petition, the Court allowed the restoration and ordered the case reinstated to its original file, while also granting the petitioners one week to comply with the earlier order. Consequently, Criminal Miscellaneous No. 9546 of 2026 was disposed of.
Issues considered
- Whether a criminal miscellaneous proceeding dismissed for default can be restored upon a petition showing sufficient cause
Subjects
- restoration
- default dismissal
- criminal miscellaneous
- compliance order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9546 of 2026
In
CRIMINAL MISCELLANEOUS No.33157 of 2025
Arising Out of PS. Case No.-497 Year-2023 Thana- GARKHA District- Saran
======================================================
1. Sudhanshu Singh @ Sudhanshu Kumar Singh son of Sri uday Kumar Singh
Resident of Triveni Apartment, Maidangadhi Ps- nebsarai, (Delhi), Dist-
South Delhi New Delhi P/A Resident Shreepati Basant Po- Basant, PS-
Garkha District- Saran
2. Himanshu Kumar Son of Sri Uday Kumar Singh Residing at Post office,
Building jamal road Patna, Ps- Kotwali, Dist- patna P/A Resident Shreepati
Basant Po- Basant, PS- Garkha District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the State : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-02-2026 Heard Mr. Santosh Kumar Singh, learned counsel for
the petitioners and Mr. Mritunjay Kumar Nirala, learned APP for
the State.
2. This application has been filed for restoration of
Cr. Misc. No. 33157 of 2025 which stood dismissed for default for
non-compliance of the order dated 23.06.2025.
3. For the reasons stated in the restoration petition,
the prayer for restoration is allowed and Cr. Misc. No. 33157 of
2025 is restored to its original file.
4. Cr. Misc. No. 9546 of 2026 stands disposed of.
Patna High Court CR. MISC. No.9546 of 2026(2) dt.13-02-2026
2/2
5. Further one week’s time is granted to the learned
counsel for the petitioners to comply the order dated 23.06.2025
passed in Cr. Misc. No. 33157 of 2025.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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