Md. Atiquddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18126 of 2025 Arising Out of PS. Case No.-10 Year-2005 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Md. Atiquddin Son of Abdul Rauf R/o- village- ward no. 37 , Karamaganj, Abdullahpur, P.S.- Laheriasarai , District - Darbhanga, the then posted as Circle Officer Cheriya Bariyarpur, Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Md. Majrul Alam, Sub- Divisional Officer, Majhaul Begusarai bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate Mr. Rohit Kant Singh, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 07-07-2026 Heard the learned counsel for the parties.
2. The petitioner has filed this application for quashing the entire criminal proceeding arising out of Cheria Bariyarpur P.S. Case No. 10 of 2005 dated 22.01.2005 including the order dated 15.01.2013 by which the learned court of Judicial Magistrate Ist Class has issued process under Section 82 against the petitioner.
3. It has been submitted on behalf of petitioner that petitioner was not aware of the case since the conducting advocate in the court below had left for heavenly abode and the petitioner has a transferable job and he was not aware of the case.
Patna High Court CR. MISC. No.18126 of 2025(2) dt.07-07-2026 2/2
4. Upon query, learned counsel for the petitioner has submitted that Section 83 process has been executed in 2015 itself.
5. Considering the entire facts and circumstances of the case as well as delay and laches and order of issuance of process under Section 82 Cr.P.C., which was taken in the year 2013, followed by execution of Section 83 process and the same having been challenged in the year 2025, this Court is not inclined to interfere in the matter.
6. This application is accordingly dismissed. (Praveen Kumar, J) Sahil/- U T