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Patna High CourtCR. MISC./49840/2019dismissed

Kailash Chand Sahewala @ Kailas Chand Sahewala v. The State Of Bihar

2023-04-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49840 of 2019 Arising Out of PS. Case No.-168 Year-2012 Thana- SIWAN CITY District- Siwan ====================================================== KAILASH CHAND SAHEWALA @ KAILAS CHAND SAHEWALA Son of Sri Poonam Chand Sahewala Resident of P.O. and P.S.-Pradhan Nagar, 148/1 Meghnand Saha Sarans, Siliguri (M Corp), Pradhan Nagar, Darjeeling, West Bengal-734003 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Md. Javed Khan Son of Adul Manan Khan Resident of Makdum Sarai Lahera Toli, P.S.-Town, District-Siwan.

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

For the Petitioner/s :

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

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of the order dated 18.12.2014 passed by learned Chief Judicial Magistrate, Siwan in connection with Siwan Nagar P.S. Case No. 168 of 2012 by which learned Magistrate has taken cognizance against the petitoner for the offences under Sections 406, 420, 380 of the Indian Penal Code.

The impugned order has been passed on 18.12.2014 and the quashing application has been filed in 2019 after inordinate delay that too without satisfactory explanation of the

Patna High Court CR. MISC. No.49840 of 2019(2) dt.25-04-2023 2/2 delay. Accordingly, this application is dismissed on the ground of delay and latches with liberty to the petitioner to raise all the grounds at an appropriate stage.

(Sandeep Kumar, J) Harsh/ U