Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81638 of 2025 In CRIMINAL MISCELLANEOUS No.68006 of 2025 Arising Out of PS. Case No.-42 Year-2023 Thana- MAHILA P.S. District- Vaishali ====================================================== Himanshu Kumar S/O Tapeshwar Sahni Resident of Village- Dharhara, Paura Madan Singh, Police Station- Sarai, Distt.- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kalawati Devi W/O Lal Bihari Sahni R/O Village- Dharhara, P.S- Sarai, Distt.- Vaishali.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar, Advocate For the State :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-11-2025 The present application has been filed for restoration of Cr. Misc. No. 68006 of 2025 which stood dismissed for noncompliance of peremptory order dated 19.09.2025.
2. From perusal of record of Cr. Misc. No. 68006 of 2025, it transpires that vide order dated 19.09.2025 notice was issued to opposite party no. 2 and it was directed that requisites etc. must be filed within two weeks, failing which the petition would be dismissed and the matter was directed to be listed on 17.10.2025. However, it further transpires from the office note that the aforesaid criminal miscellaneous has been dismissed on 07.10.2025 by the office for non-compliance of peremptory
Patna High Court CR. MISC. No.81638 of 2025(2) dt.21-11-2025 2/2 order dated 19.09.2025 and not listed the case on the date fixed.
3. It appears that the office has committed a mistake in dismissing the petition at its end despite clear orders of this Court to list the case on 17.10.2025. Office could not have dismissed the petition. Therefore, the official concerned is warned to be careful in future and not to commit such mistake, otherwise stern action will be taken.
4. Accordingly, office is directed to list Cr. Misc. No. 68006 of 2025 on 28.11.2025 under appropriate heading.
5. In such view of the matter, present petition needs no consideration and the same stands disposed of. (Arun Kumar Jha, J) DKS/- U T