Patna High Court
Mukesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The Court restored the rejected criminal miscellaneous application, holding that the clerical mistake justified setting aside the earlier order of rejection.
Summary
The petitioners, Mukesh Kumar Paswan and Rakesh Kumar Paswan, filed an application seeking restoration of Criminal Miscellaneous No. 72314 of 2024, which had been rejected by the Patna High Court on 02-12-2024 for failure to cure defects within the time fixed by the Court. The petitioners contended that the failure to comply was due to a mistake by the Advocate Clerk, which prevented timely correction of the identified defects. The Court examined whether such a clerical error could justify setting aside its earlier order of rejection. Relying on principles of procedural fairness, the Court held that the petitioners' explanation warranted relief. Consequently, the Court restored the rejected criminal miscellaneous application to its original file and allowed the petition.
Issues considered
- Whether a criminal miscellaneous application rejected for non‑compliance can be restored on the ground of a clerical mistake by the Advocate Clerk.
Subjects
- criminal procedure
- restoration of dismissed application
- procedural defect
- advocate clerk mistake
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15228 of 2026
In
CRIMINAL MISCELLANEOUS No.72314 of 2024
Arising Out of PS. Case No.-111 Year-2022 Thana- SIKTA District- West Champaran
======================================================
1. Mukesh Kumar Paswan Son of Sonelal Paswan R/o Village - Majhoura Tola,
P.S. - Bela, District - Sitamarhi.
2. Rakesh Kumar Paswan Son of Sonelal Paswan R/o Village - Majhoura Tola,
P.S. - Bela, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor, representing the State.
2. The present application has been filed for
restoration of Cr. Misc. No. 72314 of 2024 in which peremptory
order dated 02-12-2024, was passed by this Court for removing
the defect/s pointed out by the Office, 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 defect/s could
not be removed within time as prescribed by this Court and,
Patna High Court CR. MISC. No.15228 of 2026(2) dt.25-02-2026
2/2
therefore, Cr. Misc. No. 72314 of 2024 got rejected for non-
compliance of the aforesaid order dated 02-12-2024.
4. For the reasons stated in this application, the prayer
made therein is allowed and, as a result, the Cr. Misc. No. 72314
of 2024 is restored to its original file.
5. The petition stands allowed.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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