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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.191 of 2019 Arising Out of PS. Case No.-159 Year-2008 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Jogendra Ravidas S/o Ramashish Ravidas, R/o Village- Jageshwar Tola, Pabhera, P.S.- Danarua, District-Patna. ... ... Petitioner/s Versus
1. State Of Bihar
2. Diwan Rakibu Khan @ Diwan Rakibuddin Khan @ Hesamuddin Khan S/O- Diwan Hasamuddin Khan, Village-Nagughua,P.S.-Chainpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Sakir Ahmad Mr. Subodh Kumar Jha, Advocate Mr. Pranav Kumar Jha, Advocate Mr. Chandra Mohan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 20-01-2026 Heard the parties.
2. This application has been filed for quashing/setting aside the order dated 28.01.2010 passed by the C.J.M., Bhabhua at Kaimur in Complaint Case No. 159 of 2008 by which cognizance was taken under Sections 147, 323, 324 and 342 of the IPC.
3. The impugned order dated 28.01.2010 has been challenged by the petitioner in this Court in the year 2019 i.e., after an inordinate delay.
4. In view of the above, this application is dismissed solely on the ground of delay and laches with liberty to the
Patna High Court CR. MISC. No.191 of 2019(4) dt.20-01-2026 2/2 petitioner to raise all the grounds at the stage of framing of charge including the ground of Sanction.
5. If such an application is filed, the same shall be considered by the Court below in view of the law laid down by the Hon’ble Supreme Court in the case of Kanchan Kumar Vs. The State of Bihar reported in (2022) 9 SCC 577.
6. Interim protection granted to the petitioner by order dated 03.04.2025 is hereby vacated.
7. Let a copy of this order be communicated to the Principal District & Sessions Judge, Kaimur (Bhabhua) through FAX for its compliance forthwith.
Shishir/- (Sandeep Kumar, J) U