Sajjan Pandey @ Vishnu Pandey @ Vishnu Kumar Pandey Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sajjan Pandey @ Vishnu Pandey @ Vishnu Kumar Pandey Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Restoration of Cr. Misc. No. 35774 of 2021 to its original file; one week allowed to the petitioners' advocate to ensure compliance of the Court's order dated 19.07.2024; matter to be listed after two weeks under the appropriate heading.

Issue for consideration

Whether Cr. Misc. No. 35774 of 2021, which stood dismissed on 19.07.2024 for non-compliance of the peremptory order dated 05.07.2024, should be restored to its original file by way of the instant restoration application.

Court's answer

In view of the averments made in the restoration application, the instant application stands allowed.

Ratio / Principle

Cr. Misc. No. 35774 of 2021 shall be restored to its original file.

Key takeaways

One week's time is allowed to the learned Advocate for the petitioners to ensure compliance of the order of this Court dated 19.07.2024 (printed as 'On week').ratio¶26
Cr. Misc. No. 35774 of 2021 is to be listed after two weeks under the appropriate heading.obiter¶27

Detailed headnote1 paragraphs

Patna High Court, oral order dated 14-02-2025 (Harish Kumar, J.) in Criminal Miscellaneous No.8616 of 2025 - a restoration application in respect of Criminal Miscellaneous No.35774 of 2021 (arising out of PS Case No.-21 Year-2020, Thana MAHILA P.S., District Bhagalpur). Cr. Misc. No. 35774 of 2021 had stood dismissed on 19.07.2024 for non-compliance of the peremptory order dated 05.07.2024 passed by this Court. The Court allowed the restoration application in view of the averments made therein, directed that Cr. Misc. No. 35774 of 2021 be restored to its original file, allowed one week to the learned Advocate for the petitioners to ensure compliance of the Court's order dated 19.07.2024 (as printed), and directed listing after two weeks under the appropriate heading. Petitioners: Sajjan Pandey @ Vishnu Pandey @ Vishnu Kumar Pandey, Nisha Pandey, Vimla Pandey and Vishwajit Kumar Dhavak; Opposite Parties: The State of Bihar and Anupam Dahavk. Counsel: Rakesh Kumar Sinha, Adv. (petitioners); Sharda Kumari, APP (opposite parties).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8616 of 2025

In

CRIMINAL MISCELLANEOUS No.35774 of 2021

Arising Out of PS. Case No.-21 Year-2020 Thana- MAHILA P.S. District- Bhagalpur

======================================================

Sajjan Pandey @ Vishnu Pandey @ Vishnu Kumar Pandey Son of Late Ganesh Prasad Pandey Village -Laluchak Angari PS- Lodipur District -Bhagalpur

Nisha Pandey Wife of Sajjan Pandey @ Vishnu Pandey @ Vishnu Kumar Pandey Village -Laluchak Angari PS- Lodipur District -Bhagalpur

Vimla Pandey Wife of Late Ganesh Prasad Pandey Village -Laluchak Angari PS- Lodipur District -Bhagalpur

Vishwajit Kumar Dhavak Son of Late Ganesh Prasad Pandey Village - shiv Sai nagar, Road No. 1, Dela Toli, Kokar, Po- Bariyatu, Dist- Sadar, DistRanchi

... ... Petitioner/s

Versus

The State of Bihar

Anupam Dahavk Wife of Vishwajit Kumar Dhavak village- Chatrapati Talab, Shitla Asthan, Mirjanhat, Ps- Mojahidpur, Dist- Bhagalpur

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sinha, Adv. For the Opposite Party/s : Mrs. Sharda Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 14-02-2025 Heard the parties.

The instant application has been filed for

restoration of Cr. Misc. No. 35774 of 2021 to its original file, which stood dismissed on 19.07.2024 on account of noncompliance of the peremptory order dated 05.07.2024, passed by this Court.

In view of the averments made in the restoration application, the present application stands allowed.

Patna High Court CR. MISC. No.8616 of 2025(2) dt.14-02-2025 2/2

Let Cr. Misc. No. 35774 of 2021 be restored to its

original file.

On week time is allowed to the learned Advocate for the petitioners to ensure the compliance of the order of this Court dated 19.07.2024.

List Cr. Misc. No. 35774 of 2021 after two weeks, under the appropriate heading.

(Harish Kumar, J)

shivank/-

U T