Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 37353 (PAT)

BISHWAS SHUKLA v. THE STATE OF BIHAR

CR. MISC./44013/2021 · 2025-03-18

Sandeep Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44013 of 2021 Arising Out of PS. Case No.-224 Year-2016 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1. Bishwas Shukla S/O Late Parash Shukla R/O Village-Baswariya, P.S- Motihari Muffasil, District-East Champaran. 2. Manoranjan Pandey S/O Sri Bachan Pandey R/O Village-Baswariya, P.S- Motihari Muffasil, District-East Champaran. 3. Rakesh Kumar Shukla @ Rakesh Shukla S/O Sri Narayan Shukla R/O Village-Baswariya, P.S-Motihari Muffasil, District-East Champaran. 4. Sanjay Sahani @ Sanjay Kumar S/O Amir Sahani R/O Village-Baswariya, P.S-Motihari Muffasil, District-East Champaran. 5. Devi Lal Sah S/O Bhikhari Sah R/O Village-Baswariya, P.S-Motihari Muffasil, District-East Champaran. 6. Rajesh Kumar Shukla @ Rajesh Kumar S/O Late Chandrika Shukla R/O Village-Baswariya, P.S-Motihari Muffasil, District-East Champaran. ... ... Petitioner/s Versus 1. The State Of Bihar 2. Raghunath Tiwary S/O Late Mahadeo Tiwary R/O Village-Baswariya, Ps- Muffassil, District-East Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 5 18-03-2025 Heard the learned counsel for the petitioners as well as the learned APP for the State. 2. This is an application for quashing of the order dated 08.05.2017 passed by the learned Chief Judicial Magistrate, Motihari, East Champaran passed in Muffasil P.S. Case No. 224 of 2016 by which cognizance for the offences under Sections 420, 120B, 467, 468 has been taken against the Patna High Court CR. MISC. No.44013 of 2021(5) dt.18-03-2025 2/2 petitioners. 3. The impugned order is of the year 2017 which has been challenged in the year 2021 after an inordinate delay. 4. In view of the above, this application is dismissed on the ground of delay and laches with liberty to the petitioners to raise all the grounds at the stage of discharge. 5. The Court below will consider the case of the petitioners in light of the law laid down by the Hon’ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar reported in (2022) 9 SCC 577. 6. The interim protection granted to the petitioners vide order dated 21.01.2025 is hereby vacated. Shishir/- (Sandeep Kumar, J) U T