Allowed¶5

Krishna Chandra Jha v. The State of Bihar

Quashing – S.203 CrPC – limitation

Patna HC15 May 2026CR. MISC./70613/2022

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What is this about?

Patna High Court; CRIMINAL MISCELLANEOUS No.70613 of 2022; Krishna Chandra Jha v. The State of Bihar and Anil Kumar; Section 203 CrPC; complaint dismissed on limitation; Covid-19 pandemic limitation condonation by Supreme Court; quashing of magisterial and revisional orders; restoration of complaint; fresh order of cognizance; Ansul, J.; decided 15-05-2026; NAFR.

What did the court decide?

Quashing of the order dated 29.08.2022 (Cr. Rev. No. 35 of 2021, ADJ-V, Vaishali at Hajipur) and of the order dated 22.12.2020 (J.M. 1st Class, Vaishali) dismissing Complaint No. 1113 of 2020 under Section 203 CrPC; restoration of the complaint to its original file; direction to the learned Magistrate to proceed and pass a fresh order of cognizance on merits condoning the delay. ¶5

Krishna Chandra Jha Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether the dismissal of the petitioner's complaint (No. 1113 of 2020) under Section 203 CrPC on the ground of limitation could stand in view of the Supreme Court's condonation of the limitation period during the Covid-19 pandemic.

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Court's answer

The dismissal of the complaint on the ground of limitation is squarely covered by the Supreme Court judgment condoning the limitation period during the Covid-19 pandemic; the limitation bar cannot sustain the dismissal of the complaint.

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Ratio / Principle

The order dated 29.08.2022 passed in Cr. Rev. No. 35 of 2021 by the learned Additional District and Sessions Judge-V, Vaishali at Hajipur, together with the order dated 22.12.2020 of the learned J.M. 1st Class, Vaishali dismissing Complaint No. 1113 of 2020 under Section 203 CrPC, is quashed; the complaint is restored to its original file and the learned Magistrate is directed to proceed in the matter and pass a fresh order of cognizance on merits condoning the delay.

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Detailed headnote1 paragraphs

Quashing — S.203 CrPC — limitation — Complaint Case No. 1113 of 2020 (PS Case No. 1113/2020, Thana Vaisali Complaint Case, District Vaishali) dismissed as time-barred by the learned J.M. 1st Class, Vaishali by order dated 22.12.2020; criminal revision (Cr. Rev. No. 35 of 2021) against the dismissal dismissed by the learned Additional District and Sessions Judge-V, Vaishali at Hajipur by order dated 29.08.2022. Held, the dismissal of the complaint on the ground of limitation is squarely covered by the Supreme Court judgment condoning the period of limitation during the Covid-19 pandemic; both orders quashed, complaint restored to its original file, and the learned Magistrate directed to proceed and pass a fresh order of cognizance on merits condoning the delay. Application allowed. (Ansul, J; oral judgment dated 15-05-2026; NAFR.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70613 of 2022

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Arising out of PS. Case No.-1113 Year-2020 Thana- VAISALI COMPLAINT CASE DistrictVaishali

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

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Krishna Chandra Jha, Son of Late Jaydev Jha, R/V- Bhataneli, P.S- Hajipur Sadar, Dist- Vaishali

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... ... Petitioner/s

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Versus

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The State of Bihar

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Anil Kumar Son of Bambahadur Ra R/V- Rajkhand, P.S- Goraul, DistVaishali

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raju Kumar, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL JUDGMENT

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Date : 15-05-2026

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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2. Petitioner seeks quashing of the order dated 29.08.2022 passed by learned Additional District and Sessions Judge-V, Vaishali at Hajipur in connection with Cr. Rev. No. 35 of 2021 whereby and where under he has dismissed the Cr. Rev application and affirmed the order dated 22.12.2020 passed by Ms. Hema Kumari, learned J. M. 1^st Class, Vaishali whereby and where under she has dismissed the complaint case filed by the petitioner bearing its No. 1113 of 2020 under Section 203 of the code of Criminal Procedure.

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Patna High Court CR. MISC. No.70613 of 2022 dt.15-05-2026 2/2

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3 . The complaint of the petitioner was dismissed on the ground of limitation. The present case is squarely covered by the judgment of Hon’ble Supreme Court where the period of limitation from 15.03.2020 to 14.03.2020 was condoned in view of Covid-19 Pandemic.

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4 . Considering the same, the order dated 29.08.2022 passed by learned Additional District and Sessions Judge-V, Vaishali at Hajipur in connection with Cr. Rev. No. 35 of 2021 whereby and where under he has dismissed the Cr. Rev application and affirmed the order dated 22.12.2020 passed by Hema Kumar by learned J. M. 1^st class, Vaishali whereby and where under she has dismissed the complaint case filed by the petitioner bearing its No. 1113 of 2020 under Section 203 of the code of Criminal Procedure is quashed. Consequently, the complaint is restored to its original file. The learned Magistrate is directed to proceed in the matter and pass fresh order of cognizance on merits condoning the delay.

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5 . Accordingly, the present application stands allowed.

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Vikash/-

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(Ansul, J)

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Krishna Chandra Jha v. The State of Bihar

Case brief

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Krishna Chandra Jha v. The State of Bihar

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