Santosh Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15474 of 2023 Arising Out of PS. Case No.-83 Year-2012 Thana- KESARIA District- East Champaran ====================================================== SANTOSH KUMAR MISHRA Son of Late Mohan Mishra Resident of village - Bijdhari, P.S.- Kesaria, Distt.- Motihari, East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Fani Bhushan Prasad Son of Late Virat Prasad Resident of village - Bijdhari, P.S.- Kesaria, Distt.- Motihari, East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Pandey, Advocate Md. Waliur Rahman, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP Mr. Anil Kumar, Advocate Ms. Pooja Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-05-2024
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. The instant application has been filed praying for quashing the order taking cognizance dated 27.8.2016 passed in Kesariya P.S. Case no.83 of 2012 (arising out of Complaint Case no.269 of 2012) whereby cognizance was taken under section 138 of the N.I. Act and sections 406 and 420 of the Indian Penal Code.
3. After some argument, learned counsel for the petitioner submits that the instant application may be disposed
Patna High Court CR. MISC. No.15474 of 2023(8) dt.14-05-2024 2/2 of giving a direction to the learned Court below to dispose of the case at the earliest.
4. Having heard learned counsel for the parties and taking into consideration that the instant application arises out of a complaint case filed in the year 2012 which led to registration of the F.I.R. on 16.4.2012 and more than 12 years having passed since then, this case is disposed of with a direction to the learned trial Court to expeditiously dispose of the case at the earliest preferably within a period of six months from the date of receipt/production of a copy of this order. (Partha Sarthy, J) Saurabh/- U T