Dismissed

M/s Nitco Roadways Pvt. Ltd. through its Branch Manager Mr. Dinesh Kumar v. The State of Bihar

Patna HC18 Jul 2024CR. MISC./27322/2024

Case brief

AI extract

What is this about?

Petitioner sought to challenge an 11-year-old cognizance order taken by Judicial Magistrate, Patna. Court refused the application on grounds of delay and laches, dismissing it but allowing all grounds to be raised at charge-framing stage and promising prompt handling of any discharge application.

What did the court decide?

Liberty to petitioner to raise all grounds at framing of charge; discharge application to be disposed of within 30 days; order communicated to District Judge, Patna Sadar.

M/s Nitco Roadways Pvt. Ltd. through its Branch Manager Mr… — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27322 of 2024

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Arising Out of PS. Case No.-1082 Year-2012 Thana- PATNA COMPLAINT CASE DistrictPatna

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

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M/s Nitco Roadways Pvt Ltd. through its Branch Manager Mr. Dinesh Kumar S/o Shyam Deo Singh A Unit of NITCO Logistics Pvt. Ltd., office at Nitco House Jammu, P.S. - Kotwali, Jammu 180002, R/o Shaym Niwas Shanti Niketan 50 B, Buddha Vihar, Bhhotnath Road, P.S. - Agamkuan, Distt. - Patna

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... ... Petitioner/s

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Versus

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The State of Bihar

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M/S Keshav Enterprises, having its Office at Balaji Bhawan of Dak Bunglow Road, P.S. -Gandhi Maidan Bihar, Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Advocate For the State : Mr.Anil Prasad Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 18-07-2024 Heard the parties.

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The petitioner is challenging the order taking cognizance dated 30.04.2013 passed by the Judicial Magistrate -1^st Class, Patna in Complaint Case No. 1082(C) of 2012.

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The present application has been filed on 02.04.2024 challenging the cognizance order which has been passed on 30.04.2013. The petitioner has challenged the cognizance order after a delay of about 11 years.

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In the opinion of this Court, this application cannot be entertained on the ground of delay and laches.

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This application is dismissed with liberty to the

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Patna High Court CR. MISC. No.27322 of 2024(2) dt.18-07-2024 2/2

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petitioner to raise all the grounds at the stage of framing of charge. If any discharge application is filed by the petitioner, the same shall be disposed of by the Magistrate within 30 days of its filing.

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Let a copy of this order be communicated to the District Judge, Patna Sadar, Patna for its compliance through FAX or e-mail forthwith.

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(Sandeep Kumar, J)

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P. Kumar

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U T

M/s Nitco Roadways Pvt. Ltd. through its Branch Manager Mr. Dinesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

M/s Nitco Roadways Pvt. Ltd. through its Branch Manager Mr. Dinesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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