Patna High Court

SYED SHUJIAUDDIN @ SYED SALAHUDDINversusThe State of Bihar AND ANR

Decided: 20 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The application for quashing the cognizance order was dismissed due to delay and laches.

Summary

Syed Shujiauddin filed an application in 2019 seeking to quash a cognizance order dated 28 January 2015 that had been passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1148 of 2014. The application was filed more than four years after the cognizance order, with no explanation for the delay. The High Court examined whether the petition could be entertained despite the lapse of time. The Court held that the unexplained delay amounted to laches and therefore the application could not be entertained. Consequently, the petition was dismissed on the ground of delay and laches.

Issues considered

What is the effect of an unexplained delay of more than four years on an application for quashing a cognizance order?

Subjects

quash
cognizance order
delay
laches
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.18369 of 2019
                  Arising Out of PS. Case No.-1148 Year-2014 Thana- PATNA COMPLAINT CASE District-
                                                           Patna
                  ======================================================
                  SYED SHUJIAUDDIN @ SYED SALAHUDDIN Son of Sri A.K.S. Aftab
                  Uddin Resident of Fedral Colony, Eshapur, P.S.- Phulwari Sharif, District-
                  Patna.

                                                                                ... ... Petitioner/s
                                                 Versus
            1.    The State of Bihar AND ANR Bihar
            2.    Pratik Khanna Son of Pankaj Kumar Khatri Resident of Mohalla- Sahganj
                  Gali, P.O.- Mahendru, P.S.- Sultanganj, P.S.- Sultanganj, District- Patna.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Lakshmi Kant Sharma
                  For the Opposite Party/s :     Mr.Brajendra Nath Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    20-01-2026                    Heard the parties.

                                 2. The cognizance order dated 28.01.2015 passed by

                    the learned Judicial Magistrate, 1st Class, Patna in Complaint

                    Case No. 1148 of 2014 has been filed in this Court for quashing

                    in the year 2019 after a delay of more than four years.

                                 3. In view of the unexplained delay, this application is

                    dismissed on the ground of delay and laches only.



                                                         (Sandeep Kumar, J)
Vikas/-

U

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