Disposed

Sudhir Mahto and Ors. v. State Of Bihar and Anr.

Patna HC21 May 2019CR. MISC./15365/2015

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What is this about?

The Patna High Court expressed shock at registry negligence regarding a dismissed petition. While finding a gross lapse by registry officials who failed to file requisites for an application, the court refrained from penalizing them after they apologized. The petition, already dismissed earlier, is effectively disposed of with no substantive relief.

What did the court decide?

No penalty imposed on registry officers; petition noted as previously dismissed.

Sudhir Mahto and Ors. Vs State Of Bihar and Anr. — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 15365 of 2015

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Arising Out of Complaint Case No.-771 (C) Year-2013 Thana- PATNA COMPLAINT CASE District- Patna

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====================================================== Sudhir Mahto & Ors.

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... ... Petitioner/s Versus The State of Bihar & Anr. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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3 19-06-2019 Nobody appears on behalf of the petitioners.

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The Court is shocked at the manner the Registry

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deals with the file. The office note on the basis of which the matter has been placed before the Bench reads as under:

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“Notice has not been filed on behalf of O.P. No. 2 as per computer verification. Submitted for “Orders on Office Notes” before Hon’ble Mr. Justice Ahsanuddin Amanullah (if available)”

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The same has been signed by one Mr. Shiv Shankar Pandey and Mr. Manoj Kumar. The order dated 13.05.2019 at paragraph no. 5 specifically and categorically reads as under:

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“5. Issue notice to the opposite party no. 2, both under registered cover with A/D as well as ordinary process for which reqquities etc. must be filed within one week from today, failing which the application shall stand dismissed without further reference to the

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Patna High Court CR. MISC. No.15365 of 2015(3) dt.19-06-2019 2/2

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Bench.”

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In the aforesaid background, as the requisites had not been filed within one week, the application stood dismissed, the same could not have been placed, that too by the Registry, before the Bench for any purpose.

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The Court finds such conduct to be gross lapse on the part of the concerned persons namely Mr. Shiv Shankar Pandey and Mr. Manoj Kumar and accordingly was of the opinion that strict order be passed. However, when summoned to explain, they tendered apology for their mistake. Thus, the Court refrains from passing any order against them.

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It goes without saying that the petition has already stood dismissed on 21^st May, 2019.

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(Ahsanuddin Amanullah, J.)

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P. Kumar

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U T

Sudhir Mahto and Ors. v. State Of Bihar and Anr.

Case brief

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Sudhir Mahto and Ors. v. State Of Bihar and Anr.

Case brief

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