Parvej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6687 of 2025 In CRIMINAL MISCELLANEOUS No.79679 of 2024 Arising Out of PS. Case No.-457 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Parvej Alam S/o- Late Tufan Miyan Village- Sripur Basantpur Ps- Sugauli Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mst. Kalima W/o- Late Karmullah Mansha Tola W.No-32, Ps- Bettiah Muffasil Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 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. 79679 of 2024 in which peremptory order dated 13-11-2024, 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

Patna High Court CR. MISC. No.6687 of 2025(2) dt.31-01-2025 2/2 time as prescribed by this Court and, therefore, Cr. Misc. No. 79679 of 2024 got rejected for non-compliance of the aforesaid order dated 13-11-2024.

4.

For the reasons stated in this application, the prayer made therein is allowed and, as a result, the Cr. Misc. No. 79679 of 2024 is restored to its original file.

5.

The petition stands allowed.

(Rudra Prakash Mishra, J) Raj Kishore/- U T