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Patna High Court

Imamul @ Md. Imamul @ Inamul HaqueversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order directing the petitioner to appear before the District Court for mediation is modified to extend the appearance date to 12‑03‑2026, with the rest of the order remaining intact.

Summary

The petitioner, Imamul, sought modification of an earlier order dated 20‑08‑2025 that required him to appear before the District Court on 11‑09‑2025 for mediation. He claimed he was unaware of the order and consequently missed the stipulated date, later filing an affidavit on 12‑03‑2026 indicating his willingness to comply. The Court, after hearing counsel, considered the petitioner's explanation and the interest of justice. It extended the deadline for appearance to 12‑03‑2026 and directed the District Court to fix a new hearing date, leaving the remainder of the original order unchanged. The modification was ordered to ensure procedural fairness and to allow the mediation process to proceed.

Issues considered

  • Whether the order directing the petitioner to appear before the District Court for mediation can be modified on the ground of non‑notification and delay in compliance?

Subjects

  • mediation
  • modification of order
  • procedural law
  • interest of justice
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15990 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.22793 of 2025
                       Arising Out of PS. Case No.-184 Year-2024 Thana- BISFI District- Madhubani
                 ======================================================
                 Imamul @ Md. Imamul @ Inamul Haque S/o Md. Anwar Resident of Village-
                 Balha, P.S.- Bisfi, District- Madhubani

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Md. Najim S/o Md. Sadrul Haque Resident of Village- Balha, P.S.- Bisfi,
                 District- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailendra Kumar Jha, Advocate.
                 For the Opposite Party/s :       Mr.Ramchandra Sahni, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   10-04-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks modification of the order dated

                   20.08.2025 passed in Cr. Misc. No. 22793 of 2025 by which the

                   petitioner was directed to appear before the learned District on

                   11.09.2025 Court to settle the dispute outside the Court by way

                   of mediation.

                                3. Learned counsel appearing on behalf of                           the

                   petitioner submits that the petitioner could not appear before the

                   learned District Court on 11.09.2025, as he was not informed

                   about the order dated 20.08.2025 and the petitioner has now

                   appeared before the learned District Court by filing an affidavit
           Patna High Court CR. MISC. No.15990 of 2026(2) dt.10-04-2026
                                                       2/2




                     on 12.03.2026.

                                  4. Considering the aforesaid submission made on

                     behalf of the petitioner and in the interest of justice, the time to

                     appear before the learned District Court is extended till

                     12.03.2026.

                                  5. Learned District Court is directed to fix next date of

                     hearing to comply with the direction as contained in the order

                     dated 20.08.2025.

                                  6. Accordingly, the order dated 20.08.2025 stands

                     modified to the aforesaid extent. The other parts of the order

                     shall remain intact.


                                                                    (Purnendu Singh, J)

mantreshwar/-

U      T


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