This court dismissed an appeal against the order taking cognizance under SC/ST laws and Section 468 Cr.P.C., relying on the submission that the appeal should be decided only at trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2016 of 2021
Arising Out of PS. Case No.-134 Year-2015 Thana- BAHERI District- Darbhanga
======================================================
... ... Appellant/s
Versus
... ... Respondent/s
======================================================
Appearance : For the Appellant/s : Mr.Mrigendra Pratap Singh For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT
Date : 08-12-2022
This appeal is directed against the order dated 26.09.2020 passed by 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Darbhanga in SC/ST Case No. 159 of 2017 arising out of P.S. Case No. 134 of 2015, whereby and whereunder cognizance has been taken against the appellants for the offence under sections 341, 323, 504, 353, 379, 34 of the Indian Penal Code and section 3(i)(x) of the SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.2016 of 2021 dt.08-12-2022 2/3
pressure of the Principal of the said school as also one Avinash Kumar Singh, the accused persons namely Mithilesh Singh, Ashok Singh, Amar Kumar Singh, Monu Singh and others pressed his neck with intention to kill and abused him by his caste name. They also assault on his eye, neck and head.
(a) Plea of Alibi : On the date of occurrence, the appellant no. 1 was on duty at post office (Post Master of Jorja P.O.) and the appellant no. 2 is at Patna who is an employee of Govt. of Polytechnic College, Patna.
(b) The police after investigation, submitted final form, but the Magistrate differing with the same took cognizance of the offence.
(c) The order of cognizance is hit by section 468 of the Code of Criminal Procedure.
(a) That the plea of Alibi is required to be proved during trial.
(b) The Magistrate has the power to differ with the police report and take cognizance of the offence. The Magistrate
Patna High Court CR. APP (SJ) No.2016 of 2021 dt.08-12-2022 3/3
has discussed all the grounds on basis of which he has taken cognizance of the offence.
(c) Since the maximum punishment under the Special Act is 5 years, the advantage of section 468 Cr.P.C. is not available in the present case.
(Arvind Srivastava, J)
mcv/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 04.02.2023 |
| Transmission Date | 04.02.2023 |
Ashok Singh
Amar Anand @ Amar Kumar Singh
The State of Bihar
Rajendra Mochi
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
