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Patna High Court

Ashok Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the Court is not inclined to entertain an application filed after an inordinate delay.

Summary

Ashok Kumar Singh filed a petition in 2025 challenging an order that had taken cognizance of an offence on 27 October 2016. The petition sought relief on the ground that the order was erroneous. The Court observed that the petition was filed almost nine years after the cognizance order, indicating an inordinate delay. It held that such a delay defeats the purpose of timely administration of justice. Consequently, the Court was not inclined to entertain the petition and dismissed it. The dismissal upheld the original cognizance order.

Issues considered

  • Whether a petition challenging an order taking cognizance can be entertained after a delay of several years?

Subjects

  • cognizance
  • delay
  • criminal procedure
  • petition dismissal
  • limitation

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.51494 of 2025
                   Arising Out of PS. Case No.-1490 Year-2015 Thana- BHABHU(KAIMUR) COMPLAIN C
                                                 District- Kaimur (Bhabua)
                  ======================================================
                  Ashok Kumar Singh S/o Sri Rajbali Singh R/o Village- Bhokhari, PS-
                  Karagahar, District- Rohtas at present R/o vill - Lalapur, P.S- Kudra, Distt.-
                  Kaimur (Bhabhua)
                                                                              ... ... Petitioner/s
                                                     Versus
             1.    The State of Bihar
             2.    Sanjay Kumar Pandey S/o Ramyash Pandey R/o vill - Kudra, P.S.- Kudra,
                   Dist.- Kaimur
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Dharmendra Kumar Singh, Adv
                  For the Opposite Party/s :     Mr.Satyendra Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    24-03-2026                    Heard the parties.

                                 2. Since, the petitioner has challenged an order taking

                    cognizance of 27.10.2016 in the year 2025, this court is not

                    inclined to entertain the application of the petitioner and is

                    accordingly dismissed.



                                               (Praveen Kumar, J)
niku/-

U        T


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