Patna High Court
Satya Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The petition is allowed and Criminal Miscellaneous No.72776 of 2025 is restored to its original file.
Summary
Satya Narayan Singh filed an application seeking restoration of Criminal Miscellaneous No.72776 of 2025 after a peremptory order dated 14‑10‑2025 had rejected the proceeding for failure to issue a notice to the second opposite party, Niranjan Pandey, within the time fixed by the court. The petitioner argued that the failure was due to a mistake by the Advocate Clerk, not his own neglect. The court examined whether a procedural lapse caused by a clerical error could justify reinstating the dismissed proceeding. Finding merit in the petitioner's explanation, the court allowed the application and ordered that the criminal miscellaneous case be restored to its original file. Consequently, the petition was granted and the proceedings revived.
Issues considered
- What is the appropriate remedy when a criminal miscellaneous proceeding is rejected for non‑compliance due to a clerical mistake in issuing a notice?
Subjects
- criminal miscellaneous
- restoration of proceedings
- procedural default
- notice issuance
- clerical error
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18151 of 2026
In
CRIMINAL MISCELLANEOUS No.72776 of 2025
Arising Out of PS. Case No.-477 Year-2023 Thana- HILSA District- Nalanda
======================================================
Satya Narayan Singh S/o- Late Girja Singh Village- Malawan PS- Hilsa
District- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Niranjan Pandey S/o- Satyendra Sharma R/v- Malawan Ps- Hilsa Dist-
Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed for
restoration of Cr. Misc. No. 72776 of 2025 in which peremptory
order dated 14.10.2025, 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.18151 of 2026(2) dt.18-03-2026
2/2
time as prescribed by this Court and, therefore, Cr. Misc. No.
72776 of 2025 got rejected for non-compliance of the aforesaid
order dated 14.10.2025.
4. For the reasons stated in this application, the prayer
made therein is allowed and, as a result, the Cr. Misc. No. 72776
of 2025 is restored to its original file.
5. The petition stands allowed.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…