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Patna High Court

Sudish Narayan SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application is dismissed as infructuous due to the lapse of time.

Summary

The petitioners, comprising Sudish Narayan Singh and family members, filed an application before the Patna High Court seeking relief against the State of Bihar and Dhoop Narayan Singh. The petition was filed after a considerable lapse of time. The learned counsel for the petitioners argued that the application should be entertained despite the delay. The court examined whether the passage of time rendered the application infructuous. Relying on the principle that undue delay defeats the purpose of justice, the court held that the application could no longer be considered. Consequently, the application was dismissed as infructuous.

Issues considered

  • Whether an application filed after a substantial lapse of time is infructuous and must be dismissed

Subjects

  • infructuous application
  • delay
  • dismissal
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10601 of 2024
                       Arising Out of PS. Case No.-129 Year-2021 Thana- RASULPUR District- Saran
                 ======================================================
           1.     Sudish Narayan Singh Son of Late Shawami nath Singh Resident of Village-
                  Nawada, P.S.-Rasulpur, Distt.-Saran
           2.    Kamala Devi Wife of Sudish Narayan Singh Resident of Village-Nawada,
                 P.S.-Rasulpur, Distt.-Saran
           3.    Madhuri Devi D/O sudish Narayan Singh Resident of Village-Nawada, P.S.-
                 Rasulpur, Distt.-Saran
           4.    Amit Kumar Singh @ Rajesh Singh Son of Sudish Narayan Singh Resident
                 of Village-Nawada, P.S.-Rasulpur, Distt.-Saran
           5.    Mukteshwar Kumar Singh Son of Sudish Narayan Singh Resident of
                 Village-Nawada, P.S.-Rasulpur, Distt.-Saran
                                                                 ... ... Petitioners
                                                  Versus
           1.    The State of Bihar
           2.     Dhoop Narayan Singh Son of late Bidya Singh Resident of Vill.-Jhakhara,
                  P.S.-Amnour, Distt.-Saran
                                                                   ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Braj Nandan Kumar Tiwary
                 For the Opposite Party/s :       Mrs.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   16-03-2026                    Learned counsel for the petitioners submits that by

                   efflux of time this application has become infructuous.

                                2. This application accordingly stands dismissed as

                   having become infructuous.




                                              (Praveen Kumar, J)
Pawan/-

U     T


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