Patna High Court
SHIVDHARI SAHversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing was dismissed due to unexplained delay and laches.
Summary
The petitioners, a group of relatives from Pidara village, filed an application before the Patna High Court seeking to quash an order dated 1 November 2015 passed by the Sub-Divisional Judicial Magistrate, Gopalganj, in a criminal miscellaneous case. The application was filed six years after the impugned order, raising concerns of an unexplained delay. The Court examined whether the petition could be entertained despite the lapse of time and considered the doctrine of laches. It held that the delay was indefensible and thus the application could not be entertained at this stage. However, the Court permitted the petitioners to raise all substantive grounds for quashing at a later appropriate stage. Consequently, the application was dismissed on the ground of delay and laches.
Issues considered
- What is the effect of an unexplained six‑year delay on an application for quashing a criminal order?
- Can the doctrine of laches be invoked to dismiss the petition?
Subjects
- quash order
- delay
- laches
- criminal miscellaneous
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34486 of 2021
Arising Out of PS. Case No.-201 Year-2011 Thana- UCHKAGAON District- Gopalganj
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1. SHIVDHARI SAH Son of Late Nayan Sah Resident of Village- Pidara, P.S.-
Uchkagaon, District- Gopalganj.
2. Ekabal Sah @ Ram Ekabal Sah Son of Late Nayan Sah Resident of Village-
Pidara, P.S.- Uchkagaon, District- Gopalganj.
3. Shambhu Sah Son of Shivdhari Sah Resident of Village- Pidara, P.S.-
Uchkagaon, District- Gopalganj.
4. Anil Sah Son of Shivdhari Sah Resident of Village- Pidara, P.S.- Uchkagaon,
District- Gopalganj.
5. Poonam Kumari @ Poonam Devi Daughter of Shivdhari Sah Resident of
Village- Pidara, P.S.- Uchkagaon, District- Gopalganj.
6. Gyanti Kumari @ Gyanti Devi Daughter of Ekbal Sah @ Ram Ekabal Sah
Resident of Village- Pidara, P.S.- Uchkagaon, District- Gopalganj.
7. Munni Devi @ Bhukhali Devi wife of Shivdhari Sah Resident of Village-
Pidara, P.S.- Uchkagaon, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Bindu Kumari Daughter of Rambechar Mahto Resident of Village- Pidara,
P.S.- Uchkagaon, District- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey
For the Opposite Party/s : Mr.A.G
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 02-02-2026 Heard the parties.
2. This application is filed on behalf of the petitioner
for quashing the order dated 1.11.2015 passed by the learned
SDJM, Gopalganj in Trial No. 2103 of 2021 arising out of
Uchakagaon P.S. Case No. 201 of 2011 in the year 2021, after a
delay of six years.
Patna High Court CR. MISC. No.34486 of 2021(7) dt.02-02-2026
2/2
3. In view of the unexplained delay, this application is
dismissed on the ground of delay and laches only with liberty to
the petitioner to raise all the grounds at an appropriate stage.
(Sandeep Kumar, J)
Vikas/-
U
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