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Patna High Court

Tarannum Khatoon @ TarannumversusThe State of Bihar

Decided
Disposal
ALLOWED

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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