Patna High CourtCR. MISC./21807/2019dismissed

Shailendra Kumar And ORS v. The State Of Bihar And ANR

2026-01-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21807 of 2019 Arising Out of PS. Case No.-719 Year-2013 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.

SHAILENDRA KUMAR AND ORS son of Late Ram Govind Prasad, resident of Muhalla- Ward No. 16, Bhabua, P.S.- Bhabua, District- Kaimur. 2.

Ramendra Kumar, son of Late Ram Govind Prasad, resident of MuhallaWard No. 16, Bhabua, P.S.- Bhabua, District- Kaimur. 3.

Amrendra Kumar, Son of Late Ram Govind Prasad, resident of MuhallaWard No. 16, Bhabua, P.S.- Bhabua, District- Kaimur. 4.

Ravindra Kumar, son of Late Ram Govind Prasad, resident of MuhallaWard No. 16, Bhabua, P.S.- Bhabua, District- Kaimur. ... ... Petitioner/s

Versus

The State of Bihar AND ANR Bihar 2.

Ijhar Ansari, Son of Late Kutubuddin Ansari, Resident of Mohalla- Ward No. 17, Bhabua, P.S.- Bhabua, District- Kaimur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-01-2026 Heard the parties.

2. This application has been filed on behalf of the petitioner for quashing the order dated 11.01.2018 passed by the learned Judicial Magistrate, 1st Class, Kaimur at Bhabhua in Complaint Case No. 719 of 2013 by which the petition filed by the complainant under Section 311 of the Cr.P.C. has been allowed.

3. From perusal of the impugned order and the records of the case, it appears that the complainant could not get the

Patna High Court CR. MISC. No.21807 of 2019(5) dt.20-01-2026 2/2 opportunity of hearing and therefore he has appeared and filed an application under Section 311 of the Cr.P.C. which shows that he wants to continue the prosecution.

4. In view of the above and in the interest of justice, this Court finds no illegality in the impugned order.

5. Accordingly, this application is dismissed and the Court below is directed to proceed in the matter and conclude the proceedings of the case within the next three months from today.

6. It is made clear that if the complainant does not appear or does not co-operate in the trial in future then the case shall be close on the basis of the materials available on record.

7. Let a copy of this order be communicated to the Principal District and Sessions Judge, Kaimur through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U