Patna High Court
SUNNA GADDI @ QUAISH MIYANversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that Criminal Miscellaneous No.89136 of 2025 is restored to its original file.
Summary
The petitioner, Sunna Gaddi, filed an application seeking restoration of Criminal Miscellaneous No.89136 of 2025, which had been dismissed for failure to comply with a peremptory order dated 12 January 2026. The petitioner argued that the requisite documents for service of notice on the second opposite party had been filed on 28 January 2026, thereby satisfying the compliance requirement. The court examined whether the dismissal for non‑compliance could be set aside in view of the subsequent filing of the required documents. Finding that the petitioner had complied with the procedural requirement, the court allowed the restoration application. Consequently, Criminal Miscellaneous No.89136 of 2025 was restored to its original file, and the office was directed to accept the requisites and proceed with service of notice.
Issues considered
- Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored upon subsequent compliance
- Whether the filing of requisites for service of notice satisfies the compliance requirement
Subjects
- restoration of criminal case
- peremptory order
- non‑compliance
- criminal miscellaneous proceedings
- service of notice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27100 of 2026
In
CRIMINAL MISCELLANEOUS No.89136 of 2025
Arising Out of PS. Case No.-878 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
SUNNA GADDI @ QUAISH MIYAN Son of Mukhtar Gaddi Resident of
Village- Nautanwa Pachamwa Colony, P.S.- Shikarpur, District- West
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. FUJAHA KHATOON Wife of Sunna Gaddi @ Quaish Miyan Resident of
Village- Nautanwa Pachamwa Colony, P.S.- Shikarpur, District- West
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma,Advocate
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr.Sharad Kumar Verma learned counsel for
the petitioner and Mr.Rabindra Kumar, learned A.P.P. for the
State.
2. This application has been filed for restoration of Cr.
Misc. No.89136 of 2025 which stood dismissed for non-
compliance of peremptory order dated 12.01.2026.
3. For the reasons stated in the restoration
application, the prayer for restoration is allowed and Cr. Misc.
No.89136 of 2025 is restored to its original file.
4. Accordingly, the restoration application stands
allowed.
Patna High Court CR. MISC. No.27100 of 2026(2) dt.22-04-2026
2/2
5. Learned counsel for the petitioner submits that he
has filed the requisites on 28.01.2026 for service of notice upon
opposite party No.2 in compliance to the order dated
12.01.2026.
6. The office is directed to accept the same and
proceed accordingly.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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