Patna High Court
Tarannum Khatoon @ TarannumversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the case should be restored as the petitioner had complied with the peremptory order.
Summary
The petitioner, Tarannum Khatoon, filed Criminal Miscellaneous No.1330 of 2026 which was dismissed on 18‑03‑2026 for failure to comply with a peremptory order dated 28‑01‑2026. The petitioner subsequently filed an application (Cr. Misc. No.25579 of 2026) seeking restoration of the dismissed case, asserting that notices had been served to the second opposite party on 24‑03‑2026 and that compliance with the earlier order was now complete. The State of Bihar did not oppose the restoration request. The Court examined whether the filing of the restoration application after compliance with the peremptory order warranted reinstatement of the original case. Finding that the petitioner had indeed complied with the order, the Court allowed the restoration application and ordered that the original case be restored to its file. The restored case was to be placed under an appropriate heading for further proceedings.
Issues considered
- Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored when the petitioner subsequently complies with that order.
Subjects
- restoration of criminal case
- peremptory order
- non‑compliance
- procedural law
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25579 of 2026
In
CRIMINAL MISCELLANEOUS No.1330 of 2026
Arising Out of PS. Case No.-758 Year-2024 Thana- KATIHAR NAGAR District- Katihar
======================================================
Tarannum Khatoon @ Tarannum W/o Shamim Akhtar Resident of - Nasirganj
Hariganj Chowk, Ward No. 26, P.S -Katihar Nagar, District - Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manowar Ali Ansari S/o Late Alauddin Ansari R/o Village - Kadampur,
Ward No. 45, P.S - Nagar Katihar, District - Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Dhananjay Singh
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-04-2026 Heard the parties.
2. This application has been filed for restoration of
Cr.Misc. No 1330 of 2026 to its original file, which was
dismissed on 18.03.2026 for non-compliance of the peremptory
order dated 28.01.2026.
3. Learned counsel for the petitioner submits that on
24.03.2026, notices by both modes have already been sent to
opposite party no.2. He, therefore, prays that since compliance
has been done, the Cr.Misc.No. 1330 of 2026 may be restored to
its original file.
4. Learned APP for the State does not oppose the
prayer made by the learned counsel for the petitioner.
Patna High Court CR. MISC. No.25579 of 2026(2) dt.17-04-2026
2/2
5. For the reasons, as indicated above, this restoration
application is allowed and Cr.Misc. No. 1330 of 2026 is restored
to its original file.
6. Put up Cr.Misc.No. 1330 of 2026 under appropriate
heading.
(Alok Kumar Sinha, J)
HR/-
U T
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