Shivnandan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77325 of 2025 In CRIMINAL MISCELLANEOUS No.63767 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- DUMRAO District- Buxar ====================================================== Shivnandan Tiwari Son of Late Jagdish Tiwary Resident of Village -Rajdiha P.S -Dumraon District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ABC Daughter of Kameshwar Thakur Resident of Village -Rajdiha P.S -Dumraon District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2025 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. 63767 of 2025 in which peremptory order dated 10-09-2025, 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

Patna High Court CR. MISC. No.77325 of 2025(2) dt.14-11-2025 2/2 time as prescribed by this Court and, therefore, Cr. Misc. No. Cr. Misc. No. 63767 of 2025 got rejected for non-compliance of the aforesaid order dated 10-09-2025.

4.

For the reasons stated in this application, the prayer made therein is allowed and, as a result, the Cr. Misc. No. Cr. Misc. No. 63767 of 2025 is restored to its original file. 5.

The petition stands allowed.

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