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Patna High Court

Afzal Rahmani @ Samir KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the criminal miscellaneous case should be restored to its original file despite the earlier non‑compliance.

Summary

Afzal Rahmani filed an application seeking restoration of Criminal Miscellaneous No. 77349 of 2025 after the High Court had rejected it for failure to issue a notice to the second opposite party within the time fixed by a peremptory order dated 19‑11‑2025. The petitioner argued that the failure was due to a mistake by the Advocate Clerk, not his own neglect. The court examined whether such a procedural lapse caused by clerical error warranted restoration of the pending criminal proceeding. Finding merit in the petitioner's explanation, the court held that the case should be reinstated to its original file. Consequently, the petition was allowed and the criminal miscellaneous proceeding was restored.

Issues considered

  • Whether a criminal miscellaneous proceeding rejected for non‑compliance with a peremptory order can be restored when the default is attributable to a clerical mistake.

Subjects

  • Criminal Miscellaneous
  • Restoration of case
  • Peremptory order
  • Notice issuance
  • Clerical error
  • Procedural default

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11577 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.77349 of 2025
                       Arising Out of PS. Case No.-1218 Year-2024 Thana- DANAPUR District- Patna
                 ======================================================
                 Afzal Rahmani @ Samir Khan S/o- Md. Zubair Rahmani Resident of village-
                 Rosra Ward No- 14 PS- Rosra Dist- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Puja Bharti W/o- Bipin Kumar Singh R/v- Tarachak Balaji Nagar Road,
                 Saguna More Danapur Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tanweer Kamal, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for

                   restoration of Cr. Misc. No. 77349 of 2025 in which peremptory

                   order dated 19.11.2025, was passed by this Court of issuance of

                   notice upon the Opposite Party No. 2 but, due to non-

                   compliance of the same within the prescribed time as fixed by

                   this Court, the same stood rejected.

                                3. Learned counsel for the petitioner submits that due

                   to mistake on the part of the Advocate Clerk, the requisite for

                   notice upon the Opposite Party No. 2 could not be filed within
             Patna High Court CR. MISC. No.11577 of 2026(2) dt.13-02-2026
                                                         2/2




                       time as prescribed by this Court and, therefore, Cr. Misc. No.

                       77349 of 2025 got rejected for non-compliance of the aforesaid

                       order dated 19.11.2025.

                                    4. For the reasons stated in this application, the prayer

                       made therein is allowed and, as a result, the Cr. Misc. No. 77349

                       of 2025 is restored to its original file.

                                    5. The petition stands allowed.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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