This is an oral order dismissing a criminal appeal filed against a Special Judge's cognizance order in a case involving cast-based assault. The High Court found a prima facie case supported by enquiry witnesses and declined to interfere, dismissing the appeal at the admission stage.
The appeal was dismissed at the stage of admission.
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. 1124 of 2025
Arising Out of PS. Case No.-6 Year-2023 Thana- SIWAN COMPLAINT CASE DistrictSiwan
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... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Pritish Ranjan For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
7 22-08-2025 Heard the parties.
dated 20.02.2025 passed by learned ADJ 1 cum Special Judge SC/ST Act, Siwan arising out of complaint case No. 06 of 2023 by which cognizance was taken against for the offences alleged under Sections 323, 504 of IPC & 3(1)(r) SC/ST Act and summons were directed to be issue against the appellants along with all the six accused.
Patna High Court CR. APP (SJ) No. 1124 of 2025(7) dt.22-08-2025 2/4
Patna High Court CR. APP (SJ) No. 1124 of 2025(7) dt.22-08-2025 3/4
complainant has rightly pointed out that he has been abused, assaulted and caste name was used during the course of assaulting. Enquiry witnesses who have been examined on the behalf of the complainant have supported and corroborated the contents of the complaint petition and the concerned court has discussed all the materials available on record and given reason how the appellants and other have assaulted the complainant and the caste names were used and abused. The concerned court has rightly taken cognizance under Section 323, 504 of the IPC and section 3(1)(r)(s) SC/ST Act. Hence, no interference is needed.
Patna High Court CR. APP (SJ) No. 1124 of 2025(7) dt.22-08-2025 4/4
inclined to interfere with the impugned order dated 20.02.2025.
stage of admission itself.
(Alok Kumar Pandey, J)
vashudha/-
U
2 issues framed by the court
Whether the High Court should interfere with the Special Judge's order taking cognizance in a cast-based offence case.
Whether a prima facie case exists against the appellants based on the complaint and enquiry witness statements.
3 provisions across 2 enactments
Vijay Nath Dubey and Others
The State of Bihar and Others
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
