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Patna High Court

Arbind Dhanuk @ Arbind KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court restored Criminal Miscellaneous No. 71260 of 2024 to its original file, subject to compliance with the peremptory order within one week.

Summary

Arbind Dhanuk filed an application seeking restoration of Criminal Miscellaneous No. 71260 of 2024, which had been dismissed for failure to comply with a peremptory order dated 11 November 2024. The petitioner argued that the dismissal was premature and that compliance could be achieved promptly. The court examined whether a dismissed criminal miscellaneous proceeding could be reinstated upon a fresh application and compliance with the original order. It held that the court has the discretion to restore the case to its original file, provided the petitioner complies with the peremptory order within a stipulated time. Accordingly, the application was allowed and the case was restored subject to compliance within one week.

Issues considered

  • Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored upon a fresh application

Subjects

  • restoration of criminal case
  • peremptory order
  • procedural compliance
  • criminal miscellaneous proceedings
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20930 of 2026

                                                       In

                              CRIMINAL MISCELLANEOUS No.71260 of 2024
                    Arising Out of PS. Case No.-468 Year-2022 Thana- BHOJPUR COMPLAINT CASE
                                                    District- Bhojpur
                 ======================================================
                 Arbind Dhanuk @ Arbind Kumar S/O Kailash Prasad Resident of Harnath
                 Kundi, P.S.- Udwant Nagar, District- Bhojpur (Arrah).

                                                                             ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Rupa Devi @ Kumari Rupa W/O Arbnd Dhanuk @ Arbind Kumar D/O
                 Parshuram Dhanuk, At present resident of Village- Birampur, P.S- Koilwar,
                 Distt.- Bhojpur (Arrah).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Chandan Kumar Verma
                 For the Opposite Party/s :    Mr. Dashrath Mehta
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                    ORAL ORDER

3   10-04-2026         1. Heard learned counsel for the parties concerned.

                       2. The present application has been filed for restoration of

                            Cr. Misc. No. 71260 of 2024, which got dismissed due to

                            non-compliance      of     the     peremptory    order,     dated

                            11.11.2024.

                       3.   For the reasons stated in this application, the same is

                            allowed and the connected case, bearing Cr. Misc. No.

                            71260 of 2024, is restored to its original file, subject to

                            the   compliance     of     the    peremptory    order,     dated
            Patna High Court CR. MISC. No.20930 of 2026(3) dt.10-04-2026
                                                        2/2




                              11.11.2024, within a period of one week.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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