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Patna High Court

MINTEJ KUMARversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The appeal was restored to its original file as the court condoned the procedural default caused by the advocate clerk’s mistake.

Summary

The petitioner Mintej Kumar filed an application seeking restoration of Criminal Appeal (S.J.) No. 1692 of 2025 after the High Court had rejected the appeal for failing to issue a notice to Opposite Party No.2 within the time fixed by a peremptory order dated 26.06.2025. The petitioner alleged that a mistake by the Advocate Clerk prevented timely filing of the notice. The Court examined whether the procedural default could be condoned given the clerical error. It held that the petitioner's explanation warranted relief and ordered the appeal to be restored to its original file. Consequently, the petition was allowed and the criminal appeal reinstated.

Issues considered

  • Whether a criminal appeal rejected for non‑compliance with a court’s peremptory order can be restored on the ground of a clerical mistake by the advocate clerk.

Subjects

  • criminal appeal
  • restoration
  • peremptory order
  • non‑compliance
  • clerical mistake
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89741 of 2025
                                               In
                                 CRIMINAL APPEAL (SJ) No.1692 of 2025
                 Arising Out of PS. Case No.-493 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
                 MINTEJ KUMAR S/O LARIK RAM @ LORIK RAM R/O Vill.- Pajrawan,
                 P.S.- Nuaon, Dist.- Kaimur
                                                               ... ... Petitioner/s
                                            Versus
                 THE STATE OF BIHAR PATNA
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar, Advocate
                 For the Opposite Party/s :      Mr.Harendra Prasad, 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. Appeal (S.J.) No. 1692 of 2025, in which

                   peremptory order dated 26.06.2025 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

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

                   No. 1692 of 2025 got rejected for non-compliance of the
           Patna High Court CR. MISC. No.89741 of 2025(2) dt.13-01-2026
                                                       2/2




                     aforesaid order dated 26.06.2025.

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

                     made therein is allowed and, as a result, the Cr. Appeal (S.J.)

                     No. 1692 of 2025 is restored to its original file.

                                  5. The petition stands allowed.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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