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Patna High CourtCR. MISC./47980/2024disposed

Krishna Singh v. The State Of Bihar

2024-07-30Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47980 of 2024 Arising Out of PS. Case No.-2193 Year-2008 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Krishna Singh S/O Late Chandradeo Singh Resident of mohalla - Banarasbank Chowk, Yadupati Road, P.S.- Muzaffarpur Town, Distt. - Muzaffarpur.

2.

Smt. Laxmi Devi W/O Krishna Singh Resident of mohalla - Banarasbank Chowk, Yadupati Road, P.S.- Muzaffarpur Town, Distt. - Muzaffarpur 3.

Pansujit S/O Krishna Singh Resident of mohalla - Banarasbank Chowk, Yadupati Road, P.S.- Muzaffarpur Town, Distt. - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ritika Singh Rathore D/O Late Jitendra Kumar Resident of mohalla Khagaul Moti Chowk, P.S. - Khagaul, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur, Advocate For the State :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-07-2024 Heard the parties.

2. The present application has been filed for quashing the order dated 05.01.2009 passed by the learned Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 2193(C) of 2008 by which the learned Magistrate has taken cognizance against the petitioner for the offence under Section 323 and 504 of the Indian Penal Code.

3. The present application has been filed on 01.07.2024 challenging the cognizance order which has been

Patna High Court CR. MISC. No.47980 of 2024(3) dt.30-07-2024 2/2 passed on 05.01.2009.

4. In the opinion of this Court, this application cannot be entertained on the ground of delay and laches in challenging the cognizance order.

5. This application is disposed of with liberty to the petitioner to raise all the grounds at an appropriate stage.

6. Any application pending in the Court below on behalf of the accused shall be disposed of within one month from the date of receipt/communication of a copy of this order. (Sandeep Kumar, J) P. Kumar U T