Bablu Singh @ Dilip Kumar Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3483 of 2010 Arising Out of PS.Case No. -0 Year- null Thana -null District- KHAGARIA =========================================================== Bablu Singh @ Dilip Kumar Singh, son of Laxmi Narayan Singh, resident of village-Sanhouli, P.S. and District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar &

2. Kasim Sah, son of late Narayan Sah, resident of village-Dan Nagar, P.S. and District- Khagaria.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Advocate Mr. Mritunjay Kumar, Advocate For the Opposite Party/s : Mr. B. Ram, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 04-09-2015 The Petitioner seeks quashing of the order dated 05.12.2009 passed by the Sessions Judge, Khagaria, in Cr. Revision No.33 of 2009 by which he has affirmed the order dated 17.04.2007 passed by the Chief Judicial Magistrate, Khagaria, in Khagaria P.S. Case No.326 of 2002 by which he had taken cognizance in the matter without assigning any reason as to why limitation was being condoned.

Notice had been issued to the Opposite Party No.2, but none appears on his behalf.

Having considered the nature of allegation, the order dated 05.12.2009 passed by the Sessions Judge, Khagaria, in Cr.

Patna High Court Cr.Misc. No.3483 of 2010 dt.04-09-2015 2/2 Revision No.33 of 2009 as also the order dated 17.04.2007 passed by the Chief Judicial Magistrate, Khagaria, in Khagaria P.S. Case No.326 of 2002, are hereby set aside.

The application stands allowed.

(Anjana Prakash, J) JA/- U T