Patna High Court
Kamla Devi @ Kamla Sharma and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the order is dismissed on the ground of inordinate delay and laches.
Summary
The petitioners sought to quash an order dated 27 July 2010 passed by the Sub‑Divisional Judicial Magistrate, Buxar, which had taken cognizance of offences under Sections 498A and 323 of the Indian Penal Code against them. The petition was filed in 2016, more than six years after the impugned order, invoking a delay of inordinate length. The Patna High Court held that the petition could not be entertained because of the delay and the doctrine of laches, and dismissed the application, granting the petitioners liberty to raise any substantive grounds only at the stage of discharge. The Court also vacated an interim protection order dated 6 September 2023. The decision relied on the Supreme Court’s pronouncement in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577.
Issues considered
- Whether a petition for quashing a criminal order can be entertained after a delay of more than six years.
- Whether the doctrine of laches applies to bar the petition.
- Whether the interim protection order dated 06‑09‑2023 should be vacated.
Legislation cited
- Indian Penal Code — s. 323, 498A
Subjects
- quash order
- delay
- laches
- Section 498A
- Section 323
- interim protection
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14821 of 2016
Arising Out of PS. Case No.-1006 Year-2009 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
Kamla Devi @ Kamla Sharma and Ors
... ... Petitioner/s
Versus
State Of Bihar and Anr
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate
For the Opposite Party/s : Dr. Kr.Uday Pratap APP
Mr. Digvijay Kumar Ojha
Mr. Kamal Kishore Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-01-2026 Heard the learned counsel for the petitioners, learned
APP for the State and the learned counsel for the O.P. No. 2.
2. This application has been filed for quashing the
order dated 27.07.2010 passed by the S.D.J.M., Buxar in
Complaint Case No. 1006(C) of 2009 by which, cognizance was
taken under Sections 498A and 323 of the Indian Penal Code
against the petitioners.
3. The impugned order dated 27.07.2010 has been
challenged by the petitioner in this Court in the year 2016 i.e.,
after more than six years, 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
petitioners to raise all the grounds at the stage of discharge.
Patna High Court CR. MISC. No.14821 of 2016(5) dt.13-01-2026
2/2
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. Interim protection granted to the petitioners by
order dated 06.09.2023 is hereby vacated.
7. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Buxar through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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