Patna High Court

ASHWINI KUMARversusTHE STATE OF BIHAR

Decided: 2 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The application for quashing the order was dismissed due to unexplained delay and the doctrine of laches.

Summary

The petitioners, Ashwini Kumar and Rajiv Ranjan, filed an application seeking to quash an order dated 7 November 2019 passed by the Additional Chief Judicial Magistrate, 1st Danapur, in case No. 255 of 2015. The application was filed more than 21 months after the impugned order. The Court observed that the delay was unexplained and invoked the doctrine of laches. Consequently, the application was dismissed on the ground of delay and laches, though the petitioners were permitted to raise all substantive grounds at a later appropriate stage. No merits of the petition were examined.

Issues considered

What is the effect of an unexplained delay of over 21 months on an application for quashing an order?
Whether the doctrine of laches applies to bar the petition.

Subjects

quash order
delay
laches
criminal procedure
procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.38577 of 2021
                        Arising Out of PS. Case No.-255 Year-2015 Thana- DANAPUR District- Patna
                  ======================================================
            1.     ASHWINI KUMAR Son of Late Chandeshwar Prasad Resident of Gabhtal,
                   P.S. Danapur, District - Patna.
            2.    RAJIV RANJAN @ SATYENDRA KUMAR Son of Late Chandeshwar
                  Prasad Resident of Gabhtal, P.S. Danapur, District - Patna.

                                                                                   ... ... Petitioner/s
                                                        Versus
            1.    THE STATE OF BIHAR
            2.    Amit Kumar Verma Son of Late Satyapal Verma @ Late Surendra Kumar
                  Resident of Mohalla - Nakash Pind, P.O. - Begampur, Patnacity, P.S. -
                  Malsalami, District - Patna PIn Code -800009.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. D.K. Sinha, Sr. Adv.
                                                  Mr.Narendra Kumar
                  For the Opposite Party/s :      Mr.A.G.
                                                  Mr. Jharkhandi Upadhyay
                  For the O.P. No. 02      :      Mr. Sanjay Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

6    02-02-2026                      Heard the parties.

                                  2. This application is filed on behalf of the petitioners

                    for quashing the order dated 7.11.2019 passed by the learned

                    ACJM, 1st Danapur in Danapur P.S. Case No. 255 of 2015, after

                    a delay of more than 21 months.

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

                    dismissed on the ground of delay and laches only with liberty to

                    the petitioners to raise all the grounds at an appropriate stage.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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