Gauri Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16759 of 2016 Arising Out of PS. Case No.-326 Year-1885 Thana- NAGAR District- Vaishali ====================================================== Gauri Shankar Prasad Son of Late Sukar Sao, Resident of Mohalla - Postal Park Road No. 3, P.S. - Jakkanpur, District - Patna. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mr.Sunil Kumar Pandey App ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-04-2025 Heard the parties.

2. This application has been filed for quashing the order dated 6.1.1989 passed by SDJM, Hajipur, Vaishali in Hajipur Town P.S. Case No. 326 of 1985.

3. The order dated 6.1.1989 has been challenged in this Court on 18.04.2016 after an inordinate delay of 27 years.

4. Accordingly, this application is dismissed on the ground of delay and laches only. It is made clear that this Court has not applied its mind on the merits of the case.

5. The Court below is directed to dispose of the discharge application of the petitioner at the earliest.

6. If the records of the present case are not traceable then the concerned Court below is directed to re-construct the same and thereafter will proceed in the matter expeditiously as

Patna High Court CR. MISC. No.16759 of 2016(10) dt.15-04-2025 2/2 the matter is about 30 years old.

7. The petitioner is given liberty to raise all the grounds at an appropriate stage.

(Sandeep Kumar, J) Vikas/- U