IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14890 of 2003
SURESH PRASAD
Versus
STATE OF BIHAR & ANR
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09/ 21.12.2010 By order dated 29.3.2004, a Bench of this Court
while issuing the notice to the opposite party no. 2 was pleased
to stay the further proceedings in the Complaint case in question.
However, due to inadvertence and by way of typographical error
the Complaint case was incorrectly mentioned as Complaint
Case No. 26(M) of 2002 in place of Complaint Case No. 26(M)
of 2000 which is the subject matter of the present proceedings.
Subsequently, the application was admitted on 1.9.2004 and
the interim order passed on 29.3.2004 was allowed to continue.
By another order dated 27.10.2010 a Bench of this Court had
summoned the lower court record of the present proceedings.
Again due to inadvertence and oversight the office directed for
sending of the lower court record in connection with Complaint
case No. 26(M) of 2002 apparently acting on the basis of the
order dated 29.3.2004 in place of Complaint Case No. 26(M) of
2000 which is the correct case and the subject matter of the
present proceedings. Pursuant to the order of this Court dated
27.10.2010 the lower court record in Complaint Case No. 26(M)
of 2002 has since been received. The mistake was detected
during the course of consideration.
In view of the apparent mistake as noted
2
hereinabove, let the lower court record in Complaint Case No.
26(M) of 2002 be returned to the court concerned and lower
court record in Complaint Case No. 26(M) of 2000 may be
called for and be placed with the present proceedings in terms of
the direction contained in the order dated 27.10.2010.
In view of the typographical error appearing in the
order dated 29.3.2004 in relation to the Complaint Case in
question, let the records be placed before the appropriate Bench
passing the order dated 29.3.2004 for appropriate orders, after
obtaining permission of Hon’ble the Chief Justice.
Let the order be communicated to the court
concerned through FAX at the cost and expense of the petitioner,
who also admits to deposit of the special messenger cost.
S.Sb/- (Jyoti Saran, J.)