Allowed¶27

Hasanain @ Babloo v. Tarannum @ Pinki

Patna HC15 Apr 2026CR. MISC./2672/2026

Case brief

AI extract

What is this about?

Keywords: restoration of dismissed criminal revision; dismissal for non-prosecution / non-compliance of order dated 06.09.2024; Section 403 BNSS — Court not to alter judgment; clerical or arithmetical error exception; sufficient cause; ends of justice; reliance on Apex Court in Vishnu Agarwal v. State of U.P. & Anr., Criminal Appeal No(s). 1323 of 2004; Patna High Court; Cr. MISC. No. 2672 of 2026; Cr. Rev. No. 458 of 2024; PS Case No. 40 of 2023, District Araria; Justice Purnendu Singh; Ramesh Kumar Singh, Advocate for petitioner; Ajit Kumar, A.P.P.

What did the court decide?

Cr. Rev. No. 458 of 2024 restored to its original file; the restoration application stands allowed. ¶27

Hasanain @ Babloo Vs Tarannum @ Pinki — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Cr. Rev. No. 458 of 2024 restored to its original file; the restoration application stands allowed.

¶27

Issue for consideration

Whether Section 403 BNSS, which bars a Court from altering or reviewing a signed judgment or final order disposing of a case except to correct a clerical or arithmetical error, precludes restoration of Cr. Rev. No. 458 of 2024, which had been dismissed for non-compliance of the order dated 06.09.2024. +1 more

¶18-19

Court's answer

In the opinion of this Court, Section 403 BNSS ('Court not to alter judgment') provides that no Court, once it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.

¶24

Ratio / Principle

Although Section 403 BNSS places a restriction on alteration or review of a final judgment, it does not preclude restoration of a matter dismissed for non-prosecution, upon sufficient cause being shown, in order to secure the ends of justice, as held by the Apex Court in Vishnu Agarwal v. State of U.P. & Anr.

¶24

Key takeaways

In view of the information and reasons assigned in the restoration application and the affidavit, sufficient cause stood shown and Cr. Rev. No. 458 of 2024 was ordered restored to its original file; the restoration application was accordingly allowed.ratio¶26

Detailed headnote1 paragraphs

PATNA HIGH COURT (Purnendu Singh, J.), Cr. MISC. No. 2672 of 2026, order dt. 15-04-2026 (arising out of Cr. Rev. No. 458 of 2024 / PS Case No. 40 of 2023, Araria) — Restoration of a criminal revision dismissed for non-prosecution. The Court, construing Section 403 BNSS ('Court not to alter judgment'), holds that although the provision bars a Court from altering or reviewing a signed judgment or final order disposing of a case except to correct a clerical or arithmetical error, it does not preclude restoration of a matter dismissed for non-prosecution upon sufficient cause being shown, in order to secure the ends of justice, relying on the Apex Court decision in Vishnu Agarwal v. State of U.P. & Anr. (Criminal Appeal No(s). 1323 of 2004). Finding sufficient cause in the restoration application and affidavit, the Court restored Cr. Rev. No. 458 of 2024 (dismissed for non-compliance of the order dated 06.09.2024) to its original file and allowed the restoration application.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2672 of 2026

¶2

¶3

CRIMINAL REVISION No.458 of 2024

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Arising Out of PS. Case No.-40 Year-2023 Thana- District- Araria

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======================================================

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Hasanain @ Babloo S/O Nizam Resident Of Village- Salaigarh, Police Station- Madanpur O.P., District- Araria

¶7

... ... Petitioner/s

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Versus

¶9

Tarannum @ Pinki Wife Of Hasanain @ Babloo Resident Of Village - Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present - Daughter Of Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh, District - Purnea

¶10

Adab @ Kainen Son Of Hasanain @ Babloo Resident Of Village - Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present Represented Through His Mother Namely Tarannum @ Pinki, Daughter Of Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh, District - Purnea

¶11

Rimjhim @ Najmin Daughter Of Hasanain @ Babloo Resident Of Village - Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present Represented Through His Mother Namely Tarannum @ Pinki, Daughter Of Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh, District - Purnea

¶12

Jhilmil Daughter Of Hasanain Resident Of Village - Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present Represented Through His Mother Namely Tarannum @ Pinki, Daughter Of Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh, District - Purnea

¶13

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

¶15

3 15-04-2026

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Heard Mr. Ramesh Kumar Singh, learned counsel

¶17

appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

¶18

The petitioner seeks restoration of Cr. Rev. No.458

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of 2024 which stood dismissed for non compliance of the order dated 06.09.2024.

¶20

Patna High Court CR. MISC. No.2672 of 2026(3) dt.15-04-2026 2/2

¶21

In the opinion of this Court, Section 403 of the

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BNSS provides as follows:

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“403. Court not to alter judgment.

¶24

Save as otherwise provided by this Sanhita or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.”

¶25

The aforesaid provision, though placing a restriction on alteration or review of a final judgment, does not preclude restoration of a matter dismissed for non-prosecution, upon sufficient cause being shown, in order to secure the ends of justice as held by the Apex Court in the case of Vishnu Agarwal vs State Of U.P. & Anr passed in Criminal Appeal No(S). 1323 Of 2004.

¶26

In view of the information and the reason assigned in the restoration application and the affidavit, the Cr. Rev. No.458 of 2024 is restored to its original file.

¶27

The restoration application stands allowed.

¶28

(Purnendu Singh, J)

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Niraj/-

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U T

Hasanain @ Babloo v. Tarannum @ Pinki

Case brief

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Hasanain @ Babloo v. Tarannum @ Pinki

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