Dasrath Sah @ Munni Sah @ Dasrath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36242 of 2023 Arising Out of PS. Case No.-53 Year-2006 Thana- SIWAN RAIL P.S. District- Saran ====================================================== 1.

DASRATH SAH @ MUNNI SAH @ DASRATH PRASAD Son of Mithu Sah Resident of village - Videshi Tola, Thawe, P.S. - Thawe, Distt. - Gopalganj 2.

Pradeep Kumar @ Pradeep Sah @ Pradeep Prasad Son of Dasrath Sah @ Munni Sah @ Dasrath Prasad Resident of village - Videshi Tola, Thawe, P.S. - Thawe, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2024 Heard the parties.

2. This is an application for quashing of the order dated 08.02.2008 passed by Railway Magistrate, Sonepur at Saran in U.T. Case No. 84 of 2008 by which the learned Magistrate took cognizance against the petitioners under Sections 302, 201/34 of the Indian Penal Code.

3. The cognizance order dated 08.02.2008 has been challenged in the year 2023 after a delay of about fifteen years.

4. In view of the above, this application is dismissed on the ground of delay and latches with a liberty to the petitioners to raise all the grounds at an appropriate stage.

5. It is made clear that this Court has not applied its

Patna High Court CR. MISC. No.36242 of 2023(2) dt.01-08-2024 2/2 mind on the merits of the case.

(Sandeep Kumar, J) Shishir/- U