Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The High Court restored the dismissed criminal miscellaneous application, allowing the petition.
Summary
The petitioner, Guddu Kumar, filed a criminal miscellaneous application (Cr. Misc. No. 57293 of 2025) which the Patna High Court had rejected on 21.08.2025 for failing to issue a notice to Opposite Party No.2 within the time fixed by the court. The petitioner contended that the failure was due to a mistake by the Advocate Clerk, not willful non‑compliance. He moved a fresh application (Cr. Misc. No. 13813 of 2026) seeking restoration of the earlier dismissed application. The court examined whether a procedural lapse caused by clerical error warranted reinstatement of the dismissed application. Finding merit in the petitioner's explanation, the court ordered that the earlier application be restored to its original file. Consequently, the petition was allowed.
Issues considered
- Whether a criminal miscellaneous application dismissed for non‑compliance with a court order can be restored on the ground of a clerical mistake by the Advocate Clerk.
Subjects
- Criminal Procedure Code
- Restoration of proceedings
- Notice issuance
- Procedural default
- High Court order
- Criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13813 of 2026
In
CRIMINAL MISCELLANEOUS No.57293 of 2025
Arising Out of PS. Case No.-453 Year-2024 Thana- CHANDI District- Nalanda
======================================================
Guddu Kumar Son of Ashok Prasad R/o - Telpa, P.S - Town Telpa, District -
Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor, representing the State.
2. The present application has been filed for
restoration of Cr. Misc. No. 57293 of 2025 in which peremptory
order dated 21.08.2025, was passed by this Court for 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
time as prescribed by this Court and, therefore, Cr. Misc. No.
Patna High Court CR. MISC. No.13813 of 2026(2) dt.25-02-2026
2/2
57293 of 2025 got rejected for non-compliance of the aforesaid
order dated 21.08.2025.
4. For the reasons stated in this application, the prayer
made therein is allowed and, as a result, the Cr. Misc. No. 57293
of 2025 is restored to its original file.
5. The petition stands allowed.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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