Dismissed¶19

Manoj Kumar Sinha @ Manoj Kumar v. State Of Bihar and Anr.

Patna HC24 Jan 2024CR. MISC./26783/2018

Case brief

AI extract

What is this about?

Quashing application rejected by Patna High Court on 24-01-2024 (Satyavrat Verma, J.) in CR. MISC. No. 26783 of 2018 challenging cognizance order dated 21.01.2014 in PS Case No. 414/2013 (Katihar Nagar, Katihar); ground: applicant uncontactable for six years so stage/status of case unknown, over 10 years elapsed, court declined to pass orders where stage of case not known.

What did the court decide?

None; the quashing application challenging the cognizance order dated 21.01.2014 was rejected. ¶19

Manoj Kumar Sinha @ Manoj Kumar Vs State Of Bihar and Anr. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26783 of 2018

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Arising Out of PS. Case No.-414 Year-2013 Thana- KATIHAR NAGAR District- Katihar

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======================================================

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Manoj Kumar Sinha @ Manoj Kumar S/o Late Rameshwar @ Rameshwar Prasad Sinha, R/o Vill.- Sitla Asthan Mirchaibari, P.S.- Sahayak Mirchaibari, District- Katihar.

¶5

... ... Petitioner/s

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Versus

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State Of Bihar

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Rajiv Kumar Jha S/o Tirthnand Jha, R/o Vill.- Barari, P.S.- Barari, DistrictKatihar.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Anand Kumar, Adv. For the Opposite Party/s : Mr. Shantanu Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 24-01-2024

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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On query of the Court from the learned counsel for

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the petitioner with respect to the stage of the case, it has been submitted that despite his best endeavour, he could not seek instructions in the matter from the petitioner nor the petitioner in these six years ever contacted him, as such, he is not in a position to inform the court with regard to the present status of the case.

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The learned APP thus submits that the order impugned in the present quashing application is dated 21.01.2014, whereby cognizance was taken and more than 10

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Patna High Court CR. MISC. No.26783 of 2018(2) dt.24-01-2024 2/2

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years have elapsed and since the petitioner is not contacting the learned counsel for the petitioner that amply demonstrates that either the stage of the case has changed or the trial is over and as such the Court should not pass any order when the stage of the case is not known.

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Considering the submission made by the learned APP, the Court is not inclined to entertain the quashing application.

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Accordingly, the present quashing application is hereby rejected.

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(Satyavrat Verma, J)

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amit/-

¶22

U T

Manoj Kumar Sinha @ Manoj Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Manoj Kumar Sinha @ Manoj Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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