The Patna High Court dismissed a criminal miscellaneous petition challenging an order dated 22.7.2006, noting the petition was filed at a belated stage without explanation.
The petition was dismissed on the ground of staleness. Liberty was given to the petitioner to raise points before the court below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.16224 of 2011 (2) dt.18-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16224 of 2011
====================================================== 1. Md. Ayub S/O Jumarati Mian R/O Vill. Jangalia, Ward No. 9, P.S. Gopalganj, Distt. Gopalganj
..... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Veerendra Narayan, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 18-07-2012 Heard learned counsel for the petitioners and learned
counsel for the State.
In this case, petitioners are challenging the order dated 22.7.2006 whereby and whereunder the court below has dismissed the application mentioning that there is no error in the order passed by the Magistrate.
This Court does not want to go into the merit of the case. The impugned order has been passed on 22.7.2006, in which earlier order passed by the Sessions court on 30.11.2005 has been taken into consideration, is under challenge at such a belated stage. Now after long period of five years this petition cannot be
Patna High Court Cr.Misc. No.16224 of 2011 (2) dt.18-07-2012
entertained without having any explanation which is absent.
Accordingly, this petition is dismissed on the ground
of its staleness. However, liberty is given to the petitioner to raise
all the points before the court below during the trial.
(Shivaji Pandey, J)
Mahesh/-
1 issue framed by the court
Whether a criminal miscellaneous petition filed five years after the impugned order is maintainable.
Md. Ayub S/O Jumarati Mian
Najara Parveen W/O Babar Ali
Essa Bibi W/O Late Ekbal Mian
Rabaiya Khatoon W/O Ayub
The State Of Bihar
Fahima Khatoon W/O Babar Ali
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
