Patna High Court

Md. ArifversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The Court held that there was no ground for interference on account of inordinate delay.

Summary

Md. Arif filed a petition challenging an order dated 12 February 2014 that took cognizance of a criminal case (G.R. No. 5770/11) by the Additional Chief Judicial Magistrate‑VIII, Motihari. The petition alleged that the order should be set aside due to an inordinate delay in taking cognizance. The High Court examined whether the delay amounted to a statutory ground for interference. The Court found that no sufficient ground existed to interfere with the magistrate's order on the basis of delay. Consequently, the petition was dismissed.

Issues considered

Whether the order taking cognizance can be interfered with on the ground of inordinate delay

Subjects

cognizance
inordinate delay
criminal procedure
order dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57061 of 2025
                  Arising Out of PS. Case No.-364 Year-2011 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Md. Arif S/o- Md. Shujauddin Resident of Moh- Jabbar Chak Lane thakur
                 bari Urdu Bazar PS- Jagdishpur, Dist- Bhagalpur
                                                                        ... ... Petitioner
                                                   Versus
           1.     The State of Bihar
           2.     Gaurav Kumar S/o- Arun Kumar R/o- Badi Devi Ji Marufganj Patna City
                  Dist- Patna
                                                                 ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abu Bakar
                 For the Opposite Party/s :      Mr.Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   06-04-2026                      The petitioner has challenged the order taking

                   cognizance dated 12.02.2014 passed by the learned Additional

                   Chief Judicial Magistrate-VIII, Motihari, in G.R. No. 5770/11

                   corresponding to T.R. No.267/25 arising out of Mufassil P.S.

                   Case No. 364/11 in the year 2025.

                                2. No ground for interference is made out on account

                   of inordinate delay.

                                3. This application is dismissed.



                                              (Praveen Kumar, J)
Pawan/-

U     T

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