Patna High Court
AVINASH KUMAR @ PINTU KUMARversusTHE STATE OF BIHAR AND ANR.
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application is dismissed on the ground of delay and laches.
Summary
The petitioner, Avinash Kumar, filed an application before the Patna High Court seeking to set aside an order dated 20 January 2016 passed by the Judicial Magistrate, 1st Class, Nawada, which had taken cognizance under Section 498A of the Indian Penal Code. The application was filed in 2019, more than three years after the impugned order, resulting in a substantial delay. The Court examined whether the petition could be entertained despite the lapse of time and considered the doctrine of laches. Relying on the Supreme Court's decision in Kanchan Kumar v. State of Bihar, the Court held that the delay was inordinate and fatal to the petition. Consequently, the application was dismissed, with liberty granted to the petitioner to raise any grounds at the appropriate stage in the lower court if a fresh application is filed.
Issues considered
- Whether an application filed after an inordinate delay can be entertained to set aside a criminal order under Section 498A IPC
- Whether the doctrine of laches applies to bar the petition
Legislation cited
- Indian Penal Code — s. 498A
Subjects
- Criminal Procedure
- Section 498A IPC
- Delay
- Laches
- High Court
- Setting aside order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13627 of 2019
Arising Out of PS. Case No.-48 Year-2014 Thana- MAHILA P.S. District- Nawada
======================================================
Avinash Kumar @ Pintu Kumar Son Of Shiv Shankar Garay, Resident Of
Village-Lal Bigha, P.S.-Kashipur @ Kashichak, (Shahpur O.P.) District-
Nawada.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Munni Kumari Wife Of Avinash Kumar @ Pintu Kumar, Daughter Of Bipin
Prasad, Resident Of Village-Lal Bigha, P.S.-Kashipur @ Kashichak,
(Shahpur O.P.) District-Nawada, At Present Residing At Village Jhaur, P.S.
Warsaliganj, District-Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-02-2026 Heard the parties.
2. This application has been filed for setting aside the
order dated 20.01.2016 passed by the Judicial Magistrate, 1st
Class, Nawada in Nawada Mahila P.S. Case No. 48 of 2014 by
which cognizance was taken under Sections 498A of the Indian
Penal Code.
3. The impugned order dated 20.01.2016 has been
challenged by the petitioner in this Court in the year 2019 i.e.,
after an inordinate delay.
4. In view of the above, this application is dismissed
solely on the ground of delay and laches with liberty to the
Patna High Court CR. MISC. No.13627 of 2019(2) dt.02-02-2026
2/2
petitioner to raise all the grounds at the stage of discharge/at an
appropriate stage.
5. If such an application is filed, the same shall be
considered by the Court below in view of the law laid down by
the Hon’ble Supreme Court in the case of Kanchan Kumar Vs.
The State of Bihar reported in (2022) 9 SCC 577.
6. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Nawada through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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