Patna High Court

Shivjee Ram @ Chhotu KumarversusThe State of Bihar

Decided: 11 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ANSHUMAN

Holding

The application is dismissed for failure to comply with the peremptory order.

Summary

Shivjee Ram (Chhotu Kumar) filed a criminal miscellaneous petition before the Patna High Court seeking orders on office notes. The court had earlier, on 21‑02‑2025, issued a peremptory order granting the petitioner two weeks to rectify defects identified by the Stamp Reporter. The petitioner failed to remove the defects within the stipulated period, as noted in the office note dated 10‑03‑2026. The court observed the non‑compliance and consequently dismissed the petition. The dismissal was based solely on the petitioner’s failure to obey the court’s earlier directive.

Issues considered

Did the petitioner comply with the peremptory order dated 21‑02‑2025 to remove the defects pointed out by the Stamp Reporter?
Should the application be dismissed for failure to comply with the court’s peremptory order?

Subjects

criminal procedure
peremptory order
non‑compliance
dismissal
stamp duty
office notes

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.355 of 2025
                        Arising Out of PS. Case No.-527 Year-2021 Thana- BIDUPUR District- Vaishali
                  ======================================================
                  Shivjee Ram @ Chhotu Kumar S/O Late Shiv Chandra Das Resident of
                  Village- Nawa Nagar (Mayaram Pethiya), P.S- Bidupur, District- Vaishali.
                                                                           ... ... Petitioner/s
                                                  Versus
                  The State of Bihar                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Manoj Kumar Sinha,Advocate
                  For the Opposite Party/s :        Mr.Jagdhar Prasad,APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

4    11-03-2026                   The present matter has been listed under the heading

                    For Orders (On Office Notes).

                                 2. Learned counsel appearing for the petitioner and

                    learned A.P.P. appearing for the State are present.

                                 3. It transpires from Order No. 3 dated 21.02.2025

                    that two weeks’ peremptory time was granted to the petitioner to

                    remove the defects, as pointed out by the Stamp Reporter.

                    However, the office note dated 10.03.2026 reflects that the said

                    defects have not been removed as yet.

                                 4. Under the circumstances, the present application

                    stands dismissed for non-compliance of the peremptory order

                    dated 21.02.2025.



                                                (Dr. Anshuman, J)
Ashwini/-
U     T

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