High Court disposed of a petition for quashing a Magistrate's order due to the petitioner's non-appearance after over four years, allowing the petitioner to approach the court below.
Petition disposed; liberty granted to approach the court below via appropriate application.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40550 of 2014
Arising Out of PS.Case No. -159 Year- 2011 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI)
======================================================
Purnendu Bhushan Singh Son of Late Ramchander Singh resident of village- Rajoura, P.S.- Muffasil, District- Begusarai
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Anand Kishore Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 28-08-2017 Despite repeated calls, no one appears on behalf of the petitioner. Counsel for the State is present.
The instant application has been filed for quashing the order dated 19.04.2013 passed in Harsidhi P.S. Case No. 159 of 2011 whereby the Chief Judicial Magistrate, Sadar, Motihari took cognizance under sections 409, 420, 467, 471 and 120B of the Indian Penal Code.
From perusal of the order sheet, it appears that there is no interim order, staying the proceeding of the court. Since more than four years has elapsed of the order taking cognizance dated 19.4.2013 and no one appearing on behalf of the petitioner to press the petition, it appears that either the petition has become
Patna High Court Cr.Misc. No.40550 of 2014 (3) dt.28-08-2017
2/2
infructuous during the interregnum period or petitioner has lost interest in the present case.
Under such circumstances, when counsel for the petitioner is not appearing in this case nor prayer has been made on behalf of the petitioner for adjournment of the case, no useful purpose would be served by keeping the matter pending. The application is disposed of with liberty to the petitioner to approach before the court below and raise all such submissions as pleaded in the present application and other submissions as would be available to the petitioner by filing appropriate application before the court below. The court below is expected to dispose of such application if filed by the petitioner by a reasoned and speaking order within a period of three months from the date of filing of such petition, if the court below has not disposed of the case as yet and the matter is still pending in the court below.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
Purnendu Bhushan Singh
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
