Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53653 of 2021 Arising Out of PS. Case No.-192 Year-2016 Thana- GORAUL District- Vaishali ====================================================== Upendra Singh S/o Bindeshwari Singh Resident of Village- Byaschak, P.S.- Goraul, Dist- Vaishali.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Raghubansh Narayan Singh S/o- Ramphal Singh Resident of VillageByaschak, P.S.- Goraul, Dist- Vaishali. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratima Kumari, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-04-2022 Heard learned Senior Counsel for the petitioner and learned APP for the State.

The matter arising out of Goraul P.S. Case No. 192 of 2016 in which the petitioner has made allegation against the Opposite Party No.2.

The police investigated the matter and submitted a final report as lack of evidence on 12.1.2019. Thereafter, the learned A.C.J.M.-I on 29.3.2019 issued notice to the petitioner herein. From the order sheet, it appears that on 18.4.2019 the matter was adjourned for 7.5.2019 and on that day (7.5.2019), the informant/the petitioner herein was absent. Thereafter, the learned court below accepted the report

Patna High Court CR. MISC. No.53653 of 2021(2) dt.27-04-2022 2/2 submitted by the police and closed the matter. As stated, the learned court below passed the order on 7.5.2019. It was only on September, 2019 that the petitioner chose to challenge the said order.

This Court does not find any infirmity in the order of the learned court below and there is also delay and laches on the part of the petitioner to challenge the said order after two and half years.

The petition has no merit and is accordingly dismissed.

(Rajiv Roy, J) Ravi/- U T