Ajay Kumar Ray Vs the State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2287 of 2024

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Arising Out of PS. Case No.-160 Year-2019 Thana- HARLAKHI District- Madhubani

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

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AJAY KUMAR RAY SON OF RAM CHANDRA PRASAD RAY @ RAM CHANDRA RAY RESIDENT OF VILLAGE - KARUNA, P.S. - HARLAKHI, DISTRICT - MADHUBANI

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VIJAY KUMAR RAY SON OF RAM CHANDRA PRASAD RAY @ RAM CHANDRA RAY RESIDENT OF VILLAGE - KARUNA, P.S. - HARLAKHI, DISTRICT - MADHUBANI

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ABHAY KUMAR RAY SON OF RAM CHANDRA PRASAD RAY @ RAM CHANDRA RAY RESIDENT OF VILLAGE - KARUNA, P.S. - HARLAKHI, DISTRICT - MADHUBANI

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... ... Appellant/s Versus

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THE STATE OF BIHAR

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MOST SUDAMA DEVI WIFE OF LATE SHOBIT PASWAN RESIDENT OF VILLAGE - KARUNA, P.S. - HARLAKHI, DISTRICT - MADHUBANI

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Manoj Kumar Jha, Advocate For the Respondent/s : Mrs.Usha Kumari 1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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3 15-02-2025

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Heard Mr. Manoj Kumar Jha, leraned counsel for the

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appellant and Mrs. Usha Kumari No.1, learned Spl. P.P. for the

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State.

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2. The present appeal has been preferred for setting aside the order dated 11/02/2021 passed in Harlakhi P.S Case No. 160/2019, G.R No. 123/2019 by Learned Additional Session Judge 1st Madhubani by which learned Judge differing with the final form took cognizance under section 341, 323, 354, 504 of

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Patna High Court CR. APP (SJ) No.2287 of 2024(3) dt.15-02-2025 2/3

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I.P.C. and Section 3(i)(r) (w) / 3(2)(va) of Schedule Caste & Schedule Tribe (Prevention of atrocities) Act after holding prima case against the accused persons and has issued summons to the appellant.

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At the outset, learned Special P.P. has pointed out that the cognizance was taken under sections 341, 323, 354, 504 of the Indian Penal Code and 3(i)(r)(w)/3(2)(va) of the SC/ST Act on 11.02.2021. She further submits that the occurrence is of the year 2019 (7.8.2019). The appellants chose to present the appeal three years later in the month of May, 2024 without filing any petition for condoning the delay.

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It is her further submission that the office has pointed out the defect, not ignored and in that background, the matter was placed before the learned Joint Registrar (Judicial) on 19.06.2024 who gave time till 10.07.2024 to remove the defect(s). It is her submission that still, the limitation petition was not filed.

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Learned counsel for the appellants though harped on the fact that he will be filing the limitation petition and further he has merit in the case, an appeal filed belatedly after delay of 1084 days without any limitation petition and despite the time granted by the learned Joint Registrar (Judicial),

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Patna High Court CR. APP (SJ) No.2287 of 2024(3) dt.15-02-2025 3/3

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cannot be entertained.

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