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Patna High Court

MinajulversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the criminal miscellaneous case is to be restored as the petitioner had complied with the peremptory order.

Summary

The petitioner, Minajul, filed an application seeking restoration of Criminal Miscellaneous No. 77737 of 2025, which had been dismissed for failure to comply with a peremptory order dated 22 January 2026. The petitioner argued that the required requisites were filed on 4 February 2026, satisfying the compliance requirement. The court examined whether the filing of the requisites remedied the non‑compliance and whether restoration was permissible under procedural law. Finding that the petitioner had indeed complied with the order, the court allowed the restoration application. Consequently, the dismissed criminal miscellaneous case was restored to its original file for further proceedings.

Issues considered

  • What is the effect of non‑compliance with a peremptory order on a criminal miscellaneous proceeding?
  • Does filing the requisite documents after the deadline justify restoration of the dismissed case?

Subjects

  • restoration of criminal case
  • peremptory order
  • non‑compliance
  • criminal miscellaneous proceedings
  • procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22426 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.77737 of 2025
                      Arising Out of PS. Case No.-111 Year-2025 Thana- AMDABAD District- Katihar
                 ======================================================
                 Minajul S/o Md Taimur Resident of Village- Bakhar Ganj, PS- Amdabad,
                 District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Narendra Kumar Chaubey, Advocate
                 For the Opposite Party/s :       Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-04-2026                      Heard Mr.Narendra Kumar Chaubey,                       learned

                   counsel for the petitioner and Mr.Nirmal Kumar Sinha, learned

                   A.P.P. for the State.

                                2. This application has been filed for restoration of Cr.

                   Misc. No. 77737 of 2025 which stood dismissed for non-

                   compliance of peremptory order dated 22.01.2026.

                                3. For the reasons stated in the restoration application,

                   the prayer for restoration is allowed and Cr. Misc. No. 77737 of

                   2025 is restored to its original file.

                                4. Accordingly, the restoration application stands

                   allowed.

                                5. Learned counsel for the petitioner submits that he

                   has already filed the requisites on 04.02.2026 in compliance to
               Patna High Court CR. MISC. No.22426 of 2026(2) dt.03-04-2026
                                                           2/2




                         the order dated 22.01.2026 passed in Cr. Misc. No. 77737 of

                         2025.

                                      6. Office is directed to utilize the same for the purpose

                         of notice and proceed accordingly.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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