Patna High Court
MINTEJ KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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/-
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