IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.224 of 2002 1. BHARAT SINGH, SON OF SRI AMBIKA SINGH, ASSISTANT ENGINEER, MINOR IRRIGATION, SUB-DIVISION TELAUTHU, DISTRICT ROHTAS, AT PRESENT POSTED AS ASSISTANT ENGINEER, AT BLOCK DINARA, P.S. DINARA, DISTRICT ROHTAS. 2. SUNIL KUMAR SINGH ALIAS BINOD SINGH, SON OF DAROGA SINGH, RESIDENT OF VILLAGE KHAPRA, P.S. ANKORHI GOLA, DISTRICT ROHTAS. 3. RAM DEYAL SHARMA, SON OF LATE SHITAL SHARMA, JUNIOR ENGINEER, SUB-DIVISION TILAUTHU, MINOR IRRIGATION, DISTRICT ROHTAS. 4. ASHOK TIWARY, SON OF LATE PARMA NAND TIWARY, RESIDENT OF VILLAGE DAMAWNA, P.S. HUSSAINABAD, DISTRICT PALAMU. ---------------------------------------------------------------------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. SECRETARY, FOREST DEPARTMENT, GOVERNMENT OF BIHAR. 3. SECRETARY, MINOR IRRIGATION, GOVERNMENT OF BIHAR. -------------------------------------------------------------------------------------------- RESPONDENTS For the petitioners :- Mr. Krishna Prasad Singh, Sr. Advocate Mr. Manish Kumar-3, Advocate For the State :- Mr. R.N. Jha, A.P.P. ******** 4 18.1.2011 Petitioners have challenged the order dated 17.4.2001, passed in Forest Case No. 122 of 2001 by which cognizance has been taken for offence under Section 33 of the Forest Act. The order of cognizance dated 17.4.2001 indicates that the Court below has condoned the delay by merely stating ‘delay is condoned’. No reasons have been given for condonation of delay nor was the accused issued notice in the matter. Although the facts of the case do not apply yet the principle has been set forth in the case of 2 State of Himachal Pradesh Vs. Tara Dutt reported in AIR 2000 SUPREME COURT 297 in which the Court has observed that while condoning the delay under Section 473 of the Code of Criminal Procedure, the Court while exercising its discretion should do so by means of speaking order. In this case, as observed earlier, the order condoning the delay is a cryptic one without any reasons. In the result, I quash the order dated 17.4.2001. This application is allowed. Sanjay ( Sheema Ali Khan, J.)