Patna High Court
Jogendra RavidasversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the order is dismissed due to inordinate delay and laches.
Summary
The petitioner Jogendra Ravidas filed an application in 2019 seeking to quash a 2010 order of the Chief Judicial Magistrate, Bhabhua, which had taken cognizance of offences under IPC sections 147, 323, 324 and 342. The petition was filed after an inordinate delay. The Patna High Court, after hearing on 20‑01‑2026, dismissed the application on the ground of delay and laches, directing the petitioner to raise any defence, including the issue of sanction, at the charge‑framing stage. The Court also vacated the interim protection previously granted to the petitioner. It referred to the Supreme Court’s decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577 for guidance on such applications. Consequently, the order of the lower court stands.
Issues considered
- Whether an application for quashing a criminal order can be entertained after a substantial delay.
- Whether the doctrine of laches applies to bar the petition.
- Whether the petitioner may raise grounds such as lack of sanction at the charge‑framing stage.
Legislation cited
- Indian Penal Code — s. 147, 323, 324, 342
Subjects
- quash order
- delay
- laches
- criminal procedure
- sanction
- interim protection
- IPC
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.191 of 2019
Arising Out of PS. Case No.-159 Year-2008 Thana- BHABHU(KAIMUR) COMPLAIN C
District- Kaimur (Bhabua)
======================================================
Jogendra Ravidas S/o Ramashish Ravidas, R/o Village- Jageshwar Tola,
Pabhera, P.S.- Danarua, District-Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Diwan Rakibu Khan @ Diwan Rakibuddin Khan @ Hesamuddin Khan S/O-
Diwan Hasamuddin Khan, Village-Nagughua,P.S.-Chainpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sri Sakir Ahmad
Mr. Subodh Kumar Jha, Advocate
Mr. Pranav Kumar Jha, Advocate
Mr. Chandra Mohan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard the parties.
2. This application has been filed for quashing/setting
aside the order dated 28.01.2010 passed by the C.J.M., Bhabhua
at Kaimur in Complaint Case No. 159 of 2008 by which
cognizance was taken under Sections 147, 323, 324 and 342 of
the IPC.
3. The impugned order dated 28.01.2010 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.191 of 2019(4) dt.20-01-2026
2/2
petitioner to raise all the grounds at the stage of framing of
charge including the ground of Sanction.
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 petitioner by order
dated 03.04.2025 is hereby vacated.
7. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Kaimur (Bhabhua) through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
Checking your session…