Patna High Court
Atul RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The Court permits the petitioners to assail the order taking cognizance of the case.
Summary
The petitioners, Atul Raj and relatives, filed an application seeking permission to challenge the trial court's order taking cognizance of the case, arguing that the charge sheet had been filed after a considerable delay. The learned counsel for the petitioners contended that the passage of time warranted a review of the cognizance order. The Court, after hearing the parties, granted the petitioners liberty to assail the order taking cognizance. No substantive merits of the underlying criminal case were examined or decided. The order was limited to allowing the petitioners to raise the procedural issue of delayed cognizance.
Issues considered
- Whether the petitioners may be permitted to assail the trial court's order taking cognizance of the case due to the delay in filing the charge sheet.
Subjects
- Criminal Procedure Code
- cognizance
- delay
- charge sheet
- petition
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70556 of 2024
Arising Out of PS. Case No.-1107 Year-2024 Thana- PHULWARISHARIF District- Patna
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1. Atul Raj Son of Sri Phulan Kumar Resident of Village - Amarpur, P.O. and
P.S. - Makhdumpur, District - Jehanabad
2. Phulan Kumar Son of Late Surajdeo Singh Resident of Village - Amarpur,
P.O. and P.S. - Makhdumpur, District - Jehanabad
3. Khushbu Kumari Wife of Atul Raj Resident of Village - Amarpur, P.O. and
P.S. - Makhdumpur, District - Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raghwendra Kumar Son of Late Janardan Sharma Resident of Village -
Babhanpura, P.S. -Janipur, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar, Advocate
For the Opposite Party/s : Dr. Mritunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 30-03-2026 Heard the parties.
2. At the very outset, the learned counsel for
petitioners fairly submits that by the efflux of time, the charge
sheet has been submitted in this case and he may be permitted to
assail the order taking cognizance if so arises in this case.
3. Permission is accorded.
4. Accordingly, the present application is disposed of
with the aforesaid liberty to the petitioners.
5. It is clarified that this Court has not expressed any
opinion on the merits of the case.
(Praveen Kumar, J)
Jyoti/-
U T
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