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Patna High Court

AashiqueversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the dismissed application may be restored when the failure to comply with the notice order was caused by a bona fide clerical error.

Summary

The petitioner, Aashique, filed a criminal miscellaneous application (No. 89015 of 2025) seeking restoration of an earlier application (No. 68844 of 2025) that had been dismissed for failure to serve notice on the second opposite party within the time fixed by the court. The dismissal stemmed from a clerical error by the advocate clerk, which prevented the notice from being filed on time. The petitioner argued that the non‑compliance was due to this mistake and that equity demanded the earlier application be reinstated. The court examined whether procedural non‑compliance caused by a clerical lapse could be condoned and the dismissed application revived. Finding that the error was inadvertent and no prejudice was caused to the opposite party, the court allowed the restoration. Consequently, the earlier criminal miscellaneous application was restored to the file and the petition was allowed.

Issues considered

  • Whether a criminal miscellaneous application dismissed for non‑compliance with a court‑ordered notice can be restored when the default is due to a clerical mistake.

Subjects

  • Criminal Procedure Code
  • Restoration of dismissed application
  • Notice order
  • Clerical error
  • Procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89015 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.68844 of 2025
                        Arising Out of PS. Case No.-248 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Aashique S/O M Isteyaque R/O Bangama Islampur, Ward no. 9, P.S. and
                 Dist.- Araria- 812005
                                                                    ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.    Maya Devi W/O Prakash Goswami R/O Bangama, Islampur, Ward no. 9,
                 P.S.- Araria, Dist. Araria. Bhagalpur- 812005

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madan Mohan, Advocate
                 For the Opposite Party/s :       Mr.Satya Nand Shukla, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                  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. Misc. No. 68844 of 2025 in which peremptory

                   order dated 25.09.2025, was passed by this Court for issuance of

                   notice upon the Opposite Party No.2 but, due to noncompliance

                   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

                   time as prescribed by this Court and, therefore, Cr. Misc. No.
           Patna High Court CR. MISC. No.89015 of 2025(2) dt.13-01-2026
                                                       2/2




                     68844 of 2025 got rejected for non-compliance of the aforesaid

                     order dated 25.09.2025.

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

                     made therein is allowed and, as a result, the Cr. Misc. No. 68844

                     of 2025 is restored to its original file.

                                  5. The petition stands allowed.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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