Upendra Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.875 of 2019 Arising Out of PS. Case No.-1179 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Upendra Kumar Sri Jai Narayan Resident of Village-Mitramandal Colony, near Sadhu Yadav House, Opposite Yogendra Yadav Anishabad P.SGardanibagh, Distt-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Paritosh Kumar Tripathi Late Surendra Nath Tripathi, Resident of VillageA.B. Niketan, Thana Raod, Khagaul, P.S-Khagaul, Distt-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-03-2025 Heard the learned counsel for the petitioner as well as the learned APP for the State.

2. This is an application for quashing of the order dated 29.05.2017 passed by the learned Sub-Judge,XIV-cumACJM, Patna in Complaint Case No. 1179 of 2016 by which cognizance was taken in this case for the offence under Sections 138 of the NI Act and under Section 420 of the IPC.

3. The impugned order is of the year 2017 which has been challenged in the year 2019 after an inordinate delay.

4. Accordingly, this application is dismissed on the

Patna High Court CR. MISC. No.875 of 2019(3) dt.17-03-2025 2/2 ground of delay and laches.

5. The Court below is directed to proceed in the matter expeditiously and will not grant unnecessary adjournment to either side.

6. It is expected that the case is disposed of within six months from the date of receipt of a copy of this order and thereafter a compliance report be sent to this Court.

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

(Sandeep Kumar, J) Shishir/- U