Patna High Court
Chandra Bhushan SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The application for quashing the FIR is dismissed due to inordinate delay and laches.
Summary
The petitioner filed an application under Section 582 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash an FIR registered in 2011 for offences under Sections 420, 406, 467, 468, 471 and 34 of the Indian Penal Code. The application was presented nearly fifteen years after the FIR was lodged. The court observed that the petitioner offered no satisfactory explanation for the extraordinary delay. In the absence of any justification, the court held that the delay amounted to laches. Consequently, the application for quashing the FIR was dismissed. The decision underscores that undue delay can bar relief in criminal procedural applications.
Issues considered
- Can an application for quashing an FIR be entertained after a delay of fifteen years?
- Does the doctrine of laches apply to bar relief in such applications?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 582
- Indian Penal Code — s. 34, 406, 420, 467, 468, 471
Subjects
- quash FIR
- delay
- laches
- Section 582
- Bhartiya Nagrik Suraksha Sanhita
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7753 of 2026
Arising Out of PS. Case No.-459 Year-2011 Thana- ARA NAWADA District- Bhojpur
======================================================
Chandra Bhushan Singh S/o Sudheshwar Pratap Singh R/o Village - Sakhua,
P.S - Barharia, District - Bhojpur, Pin - 802206
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Kameshwar Singh S/o Late Satyanarayan Singh R/o Village - Bahiro, P.S -
Ara Nawada, District - Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Abhishek
For the Opposite Party/s : Mr.Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 26-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The present application has been filed under
Section 582 of the Bhartiya Nagrik Suraksha Sanhita, 2023
seeking quashing of the FIR of Ara Nawada P.S. Case No. 459
of 2011, registered for the offences under Sections 420, 406,
467, 468, 471 and 34 of the Indian Penal Code.
3. The FIR was instituted in the year 2011, whereas
the present application has been preferred after an inordinate
delay of nearly 15 years. The petitioner has failed to furnish any
plausible or satisfactory explanation for such an extraordinary
delay. No material has been placed on record to explain or
Patna High Court CR. MISC. No.7753 of 2026(2) dt.26-03-2026
2/2
justify the prolonged inaction on the part of the petitioner in
approaching this Court.
4. In the absence of any convincing explanation for
the gross delay, this Court is not inclined to entertain the present
application. Accordingly, the present application stands
dismissed on the ground of delay and laches.
(Praveen Kumar, J)
Jyoti/-
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