The Patna High Court dismissed an application under Section 482 Cr.PC seeking quashing of an order taking cognizance in an FIR alleging murder. The court held that guilt cannot be determined on affidavit evidence at the cognizance stage.
Application for quashing the order taking cognizance was dismissed.
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 MISCELLANEOUS No.4745 of 2020
Arising Out of PS. Case No.-156 Year-2014 Thana- NARDIGANJ District- Nawada
======================================================
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 10-04-2023 Heard the parties.
This application has been filed for quashing the order
dated 21.11.2019 passed by learned Judicial Magistrate, 1st Class, Nawada in Nardiganj P.S. Case no. 156 of 2014 (G.R. No. 2742 of 2014) by which the learned Magistrate took the cognizance for the offences alleged under Section 302, 201 of the Indian Penal Code.
The prosecution story in short is that:- “on 05.10.2014 at about 8:30 PM, the informant who happens to be Chowkidar gave his statement before S.H.O that he was going to attend general parade from his home at Nardiganj P.S. When he
Patna High Court CR. MISC. No.4745 of 2020(2) dt.10-04-2023 2/2
reached near Barraj Dam then he saw one unknown body is lying there.
Learned counsel for the petitioner has argued the case at length and wants this court to decide the matter on the basis of affidavit evidence. The case of murder cannot be decided at the stage of cognizance by this Court on the basis of affidavit evidence. The guilt of the petitioner can be examined in a Trial and not at the stage of cognizance.
In view of the law laid down by the Hon’ble Supreme Court in the case of Neeharika infrastructure pvt Ltd. V. State of Maharshtra and others (2020) 10 SCC 118 , this application is dismissed.
(Sandeep Kumar, J)
Shishir/Vikas
U T
1 issue framed by the court
Whether the application for quashing the order taking cognizance in a murder case can be decided on affidavit evidence before the trial.
Colour shows how this judgement treated each authority
Neeharika infrastructure pvt Ltd. V. State of Maharshtra and othersFollowed¶19
Neeharika infrastructure pvt Ltd. V. State of Maharshtra and others (2020) 10 SCC 118 · Who else cites this
Vicky Kumar Son Of Mahendra Saw
Sunny Kumar Son Of Vinay Kumar
The State Of Bihar
Ashok Kumar Rajwanshi
Sandeep Kumar
As recorded by the court registry
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