Patna High Court
Pankaj Yadav @ Pukla Yadav @ Pankaj Kumar @ Pankaj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court restored Criminal Miscellaneous No. 29002 of 2024 to its original file, subject to removal of defects within two weeks.
Summary
The petitioner, Pankaj Yadav, filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 29002 of 2024, which had been dismissed for failure to comply with a peremptory order dated 18-11-2025 that gave one week to rectify statutory requirements (S.R.) defects. The petitioner admitted that the defects were not removed within the stipulated time. The court considered whether the dismissal could be set aside despite the missed deadline. It held that the application could be allowed, restoring the case to its original file, provided the petitioner removes the defects within a further two-week period. Consequently, the court ordered restoration of the case subject to compliance with the defect removal within two weeks.
Issues considered
- Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored on a subsequent application
Subjects
- criminal procedure
- restoration of case
- peremptory order
- non‑compliance
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9667 of 2026
In
CRIMINAL MISCELLANEOUS No.29002 of 2024
Arising Out of PS. Case No.-76 Year-2023 Thana- SHAHKUND District- Bhagalpur
======================================================
Pankaj Yadav @ Pukla Yadav @ Pankaj Kumar @ Pankaj Kumar Yadav son
of Tunni Yadav @ Tunnee Yadav Resident of Jankipur P.S- Amarpur, Dist-
Banka
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 18-02-2026 1. Heard the parties.
2. The present application has been filed for restoration of
Cr. Misc. No. 29002 of 2024, which got dismissed due to non
compliance of the peremptory order dated 18.11.2025.
3. Learned counsel for the petitioner submits that vide order
dated 18.11.2025 one week peremptory time was granted to the
petitioner for removing the S.R. defects, pointed out by the
Office, but the same could not be removed within stipulated
time.
4. For the reasons stated in this application, the same is
allowed and the connected case bearing Cr. Misc. No. 29002 of
Patna High Court CR. MISC. No.9667 of 2026(2) dt.18-02-2026
2/2
2024 is restored to its original file subject to removal of defects
within two weeks.
(Anil Kumar Sinha, J)
praful/-
U
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