Patna High Court
Birendra Singh and Anr.versusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Criminal Procedure Code — s. 482
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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