Patna High CourtCR. MISC./21136/2023dismissed

Krishna Kumar Singh v. The State Of Bihar

2023-10-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21136 of 2023 Arising Out of PS. Case No.-76 Year-2018 Thana- NAGAR District- Vaishali ====================================================== KRISHNA KUMAR SINGH SON OF LATE RAJENDRA NAYARAN SINGH RESIDENT OF MOHALLA KESHRINAGAR, P.S. - PATLIPUTRA, DISTT. - PATNA ... ... Petitioner

Versus

The State of Bihar 2.

SUSHIL CHAUDHARY SON OF CHANARAMA CHAUDHARY RESIDENT OF VILLAGE - MOJAKKA, P.S. - BIKRAM, DISTT. - PATNA ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Durga Nand Jha, Advocate For the Opposite Parties :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-10-2023 The petitioner has put to challenge an order taking cognizance dated 26.06.2019 passed by learned 1st Additional Sessions Judge-cum-Special Judge, Hajipur, in Hajipur P.S. Case No. 76/2018, whereby the court below has taken cognizance of the offences punishable under Sections 341, 323, 504, 420 read with 34 of the IPC and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. This application has been filed nearly four years after the order taking cognizance was passed in 2019.

3. Learned counsel appearing on behalf of the petitioner has submitted that there has been delay of four

Patna High Court CR. MISC. No.21136 of 2023(2) dt.16-10-2023 2/2 months in filing of complaint petition, which is outrightly false. He submits that the entire allegation, as made in the complaint petition, that the complainant was his driver and he was assaulted by the petitioner, is completely false. Learned counsel for the petitioner has, however, not been able to justify the reasons for delay of four years in approaching this Court by making this application after cognizance was taken in 2019. Secondly, the order taking cognizance does not suffer from any legal infirmity as the assertion in the complaint case do make out commission of an offence.

4. This application is accordingly dismissed.

5. It goes without saying that the petitioner shall be at liberty to take the grounds, which have been taken in the present proceeding, before the court below at the stage of framing of charge.

(Chakradhari Sharan Singh, J) Pawan/- U T