Patna High Court
Azad Paswan @ Ajad PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is restored to its original file as the non‑compliance was due to a clerical error.
Summary
Petitioner Azad Paswan filed an application seeking restoration of Criminal Appeal (SJ) No. 3450 of 2025, which had been rejected because the petitioner failed to serve notice on the second opposite party within the time fixed by the court. The petitioner alleged that the failure was due to a mistake by the Advocate Clerk, not willful non‑compliance. The court examined whether such a clerical error warranted setting aside the earlier rejection. Relying on principles of procedural fairness, the court held that the appellant should not be penalised for a genuine clerical oversight. Consequently, the court restored the appeal to its original file and allowed the petition.
Issues considered
- Whether a criminal appeal rejected for non‑compliance with a notice order can be restored on the ground of a clerical mistake by the Advocate Clerk.
Subjects
- criminal appeal
- restoration
- procedural default
- notice order
- clerical error
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3934 of 2026
In
CRIMINAL APPEAL (SJ) No.3450 of 2025
Arising Out of PS. Case No.-220 Year-2023 Thana- BHAGWANPUR District- Begusarai
======================================================
Azad Paswan @ Ajad Paswan S/O Late Ganesh Paswan R/O Vill.- Naula,
P.s.- Bhagwanpur, Dist.- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anju Devi W/O Late Arjun Paswan R/O Vill.- Naula, Ward no. 9, P.s.-
Bhagwanpur, Dist.- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 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. Appeal (SJ) No. 3450 of 2025 in which
peremptory order dated 30-08-2025, 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
Patna High Court CR. MISC. No.3934 of 2026(2) dt.30-01-2026
2/2
time as prescribed by this Court and, therefore, Cr. Appeal (SJ)
No. 3450 of 2025 got rejected for non-compliance of the
aforesaid order dated 30-08-2025.
4. For the reasons stated in this application, the prayer
made therein is allowed and, as a result, the Cr. Appeal (SJ) No.
3450 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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