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Patna High Court

Jamuna Chouhan @ Yamuna ChouhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the criminal appeal may be restored where the failure to issue notice was caused by a clerical error and not attributable to the petitioner.

Summary

Jamuna Chouhan filed a criminal miscellaneous application seeking restoration of Criminal Appeal (SJ) No. 4820 of 2025, which had been rejected because the court’s order dated 16.12.2025 requiring notice to the second opposite party was not complied with within the prescribed time. The petitioner alleged that the failure to issue the notice was due to a mistake by the Advocate Clerk, not any fault of the petitioner. The High Court examined whether such a procedural lapse could be condoned and the appeal reinstated. Relying on the principle that procedural defects caused by clerical errors should not prejudice the substantive rights of the parties, the Court allowed the petition. Consequently, the criminal appeal was restored to its original file.

Issues considered

  • Can a criminal appeal dismissed for non‑issuance of notice be restored when the default is due to a clerical mistake?
  • Whether procedural non‑compliance with a notice order can be condoned in the interest of justice.

Subjects

  • criminal appeal
  • restoration of appeal
  • procedural compliance
  • notice order
  • clerical error
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15819 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.4820 of 2025
                 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Jamuna Chouhan @ Yamuna Chouhan S/o Late Khiru Chouhan R/o Village-
                 Lohani Bigha, P.S -Muffasil, Distt- Nawada

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Beyas Muni S/o Sanjay Manjhi R/o vill - Dedour Tola, Krishna Nagar at
                 River, P.S.- Muffasil, Distt.- Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pintu Kumar Patel, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for

                   restoration of Cr. Appeal(SJ) No. 4820 of 2025 in which

                   peremptory order dated 16.12.2025, 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.15819 of 2026(2) dt.11-03-2026
                                                         2/2




                       time as prescribed by this Court and, therefore, Cr. Appeal(SJ)

                       No. 4820 of 2025 got rejected for non-compliance of the

                       aforesaid order dated 16.12.2025.

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

                       made therein is allowed and, as a result, the Cr. Appeal(SJ) No.

                       4820 of 2025 is restored to its original file.

                                    5. The petition stands allowed.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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