Patna High Court

Chandrakant Tiwari @ C. K. SumanversusThe State of Bihar

Decided: 11 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ANSHUMAN

Holding

The application is dismissed for non‑compliance with the peremptory order.

Summary

The petitioner, Chandrakant Tiwari, filed a criminal miscellaneous application before the Patna High Court seeking relief. The court, in an earlier order dated 21 June 2024, granted the petitioner four weeks to rectify certain defects identified in the application. The petitioner failed to comply with this peremptory deadline, as noted in an office note dated 10 March 2026. The court considered whether the non‑compliance warranted dismissal of the application. Relying on the principle that a peremptory order must be obeyed, the court dismissed the petition for failure to remove the defects. The dismissal was ordered without any further hearing.

Issues considered

Whether the petition should be dismissed for failure to comply with the peremptory order dated 21 June 2024.

Subjects

procedural law
criminal miscellaneous proceedings
peremptory order
dismissal for non‑compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11839 of 2024

                  Arising Out of PS. Case No.-127 Year-2021 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Chandrakant Tiwari @ C. K. Suman son of Baban Tiwary Village- Jalalpur
                 Khurd Ps- Sidhwalia Dist- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :

                 For the Petitioner/s     :      Mr.Vijay Bardhan Pandey, Advocate

                 For the Opposite Party/s :      Mr.Ahmad Ali,APP

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

                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                                 ORAL ORDER



4   11-03-2026                    The present matter has been listed under the heading

                   For Orders (On Office Notes).

                                 2. Learned counsel appearing for the petitioner and

                   learned A.P.P. appearing for the State are present.

                                 3. It transpires from Order No. 3 dated 21.06.2024

                   that four weeks’ peremptory time was granted to the petitioner

                   to remove the defects, as pointed out vide S.R. dated

                   10.01.2024. However, the office note dated 10.03.2026 reflects

                   that the said defects have not been removed as yet.
            Patna High Court CR. MISC. No.11839 of 2024(4) dt.11-03-2026
                                                        2/2




                                   4. Under the circumstances, the present application

                      stands dismissed for non-compliance of the peremptory order

                      dated 21.06.2024.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T

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