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Patna High Court

Birendra Singh and Anr.versusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petition for restoration was dismissed as infructuous.

Summary

The petitioners filed a Miscellaneous Jurisdiction petition under Section 482 of the Criminal Procedure Code seeking restoration of Criminal Miscellaneous case No. 3138/2014, which had been dismissed for default on 26‑08‑2014. The court noted that the same case had been restored by an order dated 12‑11‑2014 in Criminal Miscellaneous case No. 43769/2014, but was subsequently dismissed as infructuous on 02‑11‑2015. Since the case was already held infructuous, the present petition for restoration was deemed moot. The court therefore dismissed the petition as infructuous. The order reflects the principle that a petition for restoration cannot proceed where the original case has been conclusively dismissed as infructuous.

Issues considered

  • Whether a petition under Section 482 CrPC for restoration of a criminal case dismissed as infructuous is maintainable

Legislation cited

Subjects

  • restoration of criminal proceedings
  • Section 482 CrPC
  • infructuous dismissal
  • default judgment
  • maintainability of petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3599 of 2014
                                                         In
                              CRIMINAL MISCELLANEOUS No.3138 of 2014
                 ======================================================
           1.     Birendra Singh and Anr. Son of Late Jato Singh Resident of Village -
                  Fatehpur, P.S. - Fatehpur, District - Gaya.
           2.    Manju Devi Wife of Birendra Singh Resident of Village - Fatehpur, P.S. -
                 Fatehpur, District - Gaya.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Upendra Prasad II, Advocate
                 For the Opposite Party/s :       Mr. Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   02-07-2026                    In this case, Office has recorded the following facts:

                                              “Reg. Defect no. 3, Stamp reporter has

                                      pointed out Maintainability at S.R page kept at

                                      flag 'A' that, "The present M.J.C. petition filed

                                      U/S-482 of Cr.P.C for restoration of Criminal

                                      3138/2014       Miscellaneous       which     has     been

                                      dismissed for default on 26.08.2014 for non-

                                      prosecution. On going through the connected

                                      records it comes to light that aforesaid case is

                                      restored by the Honble Court by Order dated

                                      12.11.2014 passed Miscellaneous in Criminal

                                      43769/2014.        However,        by     order      dated
            Patna High Court MJC No.3599 of 2014(2) dt.02-07-2026
                                                        2/2




                                         02.11.2015 passed in Criminal Miscellaneous

                                         case no. 3138/2014 by the Honble Court

                                         aforesaid case is dismissed as being infructuous

                                         one. As such, present M.J.C petition bearing

                                         MJC no. 3599/2014 filed for restoration

                                         restoration of Criminal Miscellaneous case no

                                         3138/2014 appears to be infructuous one."


                                   2. In that background, the restoration petition stands

                      dismissed as become infructuous.



                                                     (Rajiv Roy, J)
vinayak/-

U


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