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Patna High Court

Shaligram Yadav @ Shailendra YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as it is barred by laches and lacks merit.

Summary

The petitioners, Shaligram Yadav, Mundrika Yadav and Binesh Kumar, challenged a 15 December 2012 order of the Chief Judicial Magistrate, Gaya, which had taken cognizance of offences under Sections 47(a) and 47(f) of the Excise Act. They argued that a similar case involving co‑accused Kamlesh Yadav had been quashed in a 2019 judgment and sought the same relief. The State opposed the petition, contending that the matter had already been litigated. The Court observed that the same order had been contested in 2015 (Cr. Misc. No. 16413 of 2015) and a final judgment was delivered in 2019, after which the petitioners remained inactive for twelve years. Because the present application was filed after an inordinate delay and was devoid of merit, the Court dismissed it on the grounds of laches. The petition was therefore dismissed.

Issues considered

  • Whether a petition challenging the 2012 order can be entertained after a prior challenge and final judgment in the same matter.
  • Whether the petition is barred by the doctrine of laches and delay.
  • Whether the earlier quashment of Kamlesh Yadav’s case is applicable to the present petitioners.

Legislation cited

Subjects

  • Excise Law
  • Section 47
  • Cognizance
  • Laches
  • Delay
  • Criminal Procedure
  • Quashment
  • Petition Dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70878 of 2024
                   Arising Out of PS. Case No.-95 Year-2012 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Gaya
                 ======================================================
           1.     Shaligram Yadav @ Shailendra Yadav S/O Sri Butu Yadav R/O Village-
                  Ijmail Balwa Par, P.S- Tekari, Distt.- Gaya.
           2.    Mundrika Yadav @ Dara Singh @ Dara S/O Narayan Yadav R/O Village-
                 Ismailpur P.S- Tekari, Distt.- Gaya.
           3.    Binesh Kumar @ Banti Yadav @ Vinesh Kumar @ Banti S/O Sri Narayan
                 Yadav R/O Village- Ijmail Balwa Par, P.S- Tekari, Distt.- Gaya.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Sri Shatrunjay Kumar, Sub Inspector, Excise, Tekari Cum Imamganj Anchal,
                 Gaya, Dist.- Gaya. Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Shailesh Kumar, Advocate
                 For the Opposite Party/s :    Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   03-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioner has challenged the order dated

                   15.12.2012 passed by learned Chief Judicial Magistrate, Gaya

                   taking cognizance for the offences punishable under Section 47

                   (a) and (f) of the Excise Act.

                                3. Learned counsel for the petitioners has tried to

                   impress this Court that on similar grounds case of co-accused

                   Kamlesh Yadav has been quashed by judgment dated

                   04.07.2019 passed in Cr. Misc. No. 16413 of 2015 and rests his
            Patna High Court CR. MISC. No.70878 of 2024(2) dt.03-04-2026
                                                        2/2




                      submission on the same ground.

                                   4. Learned counsel for the State opposed the present

                      application.

                                   5. From perusal of the record it transpires that the

                      order taking cognizance dated 15.12.2012 was challenged

                      before this Court in 2015 in Cr. Misc. No. 16413 of 2015 and

                      subsequently final judgment came to be passed on 04.07.2019,

                      the petitioner for last 12 years did not choose to file any

                      application and the order taking cognizance dated 15.12.2012

                      was challenged in the year 2024, this Court has no occasion but

                      to dismiss this case on the grounds of latches and delay, the

                      application is devoid of merits and is, accordingly, dismissed.



                                                 (Praveen Kumar, J)
khushbu/-

U      T


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