Pawan Prasad @ Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57982 of 2024 Arising Out of PS. Case No.-328 Year-2019 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.
Pawan Prasad @ Pawan Kumar son of Late Dinanath Prasad VillageTeliyapatti Henri Bajar Behind Jaisingh Market WNo-5, Ps- Town Motihari Dist- East Champaran 2.
Mira Devi wife of Pawan Prasad @ Pawan Kumar Village- Teliyapatti Henri Bajar Behind Jaisingh Market WNo-5, Ps- Town Motihari Dist- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Archana Kumari @ Archana Sharraf wife of Vikash Kumar @ Vikash Sharraf R/o- Teliyapatti Henri Bajar Behind Jaisingh Market W.No-5, PsTown Motihari Dist- E.Champaran, P/A- Naya tola Mehsaul w.No-25, North of Sitamarhi Railway Station Ps- Sitamarhi Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Advocate Mr.Anuj Kumar, Advocate For the State :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2024 Heard the parties.
2. The petitioners have challenged the order taking cognizance dated 24.06.2019 passed in Complaint Case No. C1/328/2019 by which the learned S.D.J.M., Sadar Sitamarhi took cognizance of the offences under Sections 498A/34 of the Indian Penal Code against the petitioners and others and directed for issuance of summon against them.
3. The present application has been filed on 03.08.2024 challenging the cognizance order which has been
Patna High Court CR. MISC. No.57982 of 2024(2) dt.19-08-2024 2/2 passed on 24.06.2019.
4. In the opinion of this Court, this application cannot be entertained on the ground of delay and laches.
5. Accordingly, the 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