Dismissed¶19

Suresh Singh @ Suresh Kumar Singh v. The State of Bihar

Patna HC4 Jul 2024CR. MISC./26547/2023

Case brief

AI extract

What is this about?

Challenge to cognizance order dismissed for delay and laches; Patna High Court CR. MISC. No.26547 of 2023; cognizance dated 20.02.2019 on protest petition; Sections 341, 323, 325, 504/34 IPC and Section 3(1)(r) SC/ST (Prevention of Atrocities) Act; liberty to raise grounds at framing of charge; reasoned order directed per Kanchan Kumar Vs. State of Bihar (2022) 9 SCC 577.

What did the court decide?

Liberty to the petitioners to raise all grounds at the stage of framing of charge; any such application before the Special Judge to be decided by a reasoned order in accordance with law in light of Kanchan Kumar Vs. State of Bihar (2022) 9 SCC 577. ¶19

Suresh Singh @ Suresh Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26547 of 2023

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Arising Out of PS. Case No.-29 Year-2017 Thana- SC/ST District- Saran

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

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Suresh Singh @ Suresh Kumar Singh S/O Late Bhikhari Singh R/O VillageKharika, P.S- Sonepur, Distt.- Saran.

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Umesh Singh @ Umesh Kumar Singh S/O Late Bhikhari Singh R/O VillageKharika, P.S- Sonepur, Distt.- Saran.

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Aakash Kumar S/O Ramesh Singh R/O Village- Kharika, P.S- Sonepur, Distt.- Saran.

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Kali Prasad Singh @ Kali Prasad S/O Sudarshan Singh R/O VillageKharika, P.S- Sonepur, Distt.- Saran.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Ganga Ram S/O Late Rama Paswan R/O Village and post- Kharika, P.SSonepur, Distt.- Saran.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Praveen Ranjan, Advocate For the State : Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 04-07-2024 Heard the parties.

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The petitioners have challenged the order taking cognizance dated 20.02.2019 passed by the Additional District Judge-III-cum-Special Judge, SC/ST, Saran at Chapra in SC/ST P.S. Case No. 29 of 2017 by which cognizance of the offences under Sections 341, 323, 325 and 504/34 of the Indian Penal Code and Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act has been taken against the accused persons including the petitioners on the protest petition of opposite party no. 2.

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Patna High Court CR. MISC. No.26547 of 2023(2) dt.04-07-2024 2/2

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The present application has been filed on 18.04.2023 challenging the cognizance order which has been passed on 20.02.2019.

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In the opinion of this Court, this application cannot be entertained on the ground of delay and laches.

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This application is dismissed with liberty to the petitioners to raise all the grounds at the stage of framing of charge. If such an application is filed before the Special Judge, the Special Judge will pass a reasoned order in accordance with law in light of the law laid down by the Hon’ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar reported in (2022) 9 SCC 577 .

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(Sandeep Kumar, J)

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P. Kumar

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U T

Suresh Singh @ Suresh Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suresh Singh @ Suresh Kumar Singh v. The State of Bihar

Case brief

What is this about?

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