Braj Kishore Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59825 of 2021 Arising Out of PS. Case No.-84 Year-2011 Thana- SIWAN CITY District- Siwan ====================================================== Braj Kishore Sinha Son of Late Muneshwar Prasad Resident of Village - Fatepur, P.O.- Ramgarhwa Via - Vasant, District - Saran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Civil Surgeon-cum-Chief Medical Officer, Siwan. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-03-2025 Heard the parties.

2. The present application has been filed for quashing the order of cognizance dated 11.06.2013 in Siwan (Town) P.S. Case No. 84 of 2011/G.R.No. 882 of 2011 passed by Chief Judicial Magistrate, Siwan, by which the Chief Judicial Magistrate has taken cognizance against the petitioner under Sections 409 and 420 of the Indian Penal Code. Further, for quashing of the entire Criminal Proceeding in Trial No.1267 of 21 pending in the Court of Additional Chief Judicial Magistrate -VI, Siwan.

3. The present application has been filed on 06.10.2021 challenging the cognizance order which has been passed on 11.06.2013.

Patna High Court CR. MISC. No.59825 of 2021(3) dt.21-03-2025 2/2

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

5. Accordingly, this application is dismissed with liberty to the petitioners to raise all the grounds at the stage of framing of charge.

(Sandeep Kumar, J) P. Kumar U T