Ajay Singh @Ajay Shankar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ajay Singh @Ajay Shankar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the charge-framing order dated 02-01-2024 passed by the 1st Additional District and Sessions Judge-cum-Special Judge, SC/ST (Prevention of Atrocities) Act, Madhepura, and the entire proceedings in SC/ST Case No. 245/2017 arising out of Begusarai (Bihariganj) SC/ST P.S. Case No. 08 of 2011, should be quashed/set aside against the appellants.

Court's answer

Confronted with the fact that, besides Cr. Misc. No. 21157 of 2023 (withdrawn on 28.08.2023), Cr. Misc. No. 65998 of 2023 filed by the same lawyer was pending before a Co-ordinate Bench, and that this fact had been suppressed while filing the present appeal, learned counsel for the appellants prayed for withdrawal of the petition; the petition was accordingly dismissed as withdrawn and counsel was cautioned to be careful in future.

Ratio / Principle

The interim protection granted on 09.09.2024 in the present appeal stands vacated.

Key takeaways

The Trial Court was directed to immediately proceed with the trial of SC/ST Case No. 245/2017.ratio¶23
A copy of the order was directed to be sent to the learned Trial Court conducting trial of SC/ST Case No. 245/2017 arising out of Begusarai (Bihariganj) SC/ST P.S. Case No. 08 of 2011.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J., 20-01-2025), Criminal Appeal (SJ) No. 1144 of 2024: The appeal/application seeking quashing of the order dated 02-01-2024 of the 1st Additional District and Sessions Judge-cum-Special Judge, SC/ST (Prevention of Atrocities) Act, Madhepura, whereby charges were framed against the three appellants under Sections 341/34, 323/34 and 504/34 IPC and Section 3(1)(s) SC/ST Act read with Section 34 IPC in SC/ST Case No. 245/2017 (arising out of Begusarai (Bihariganj) SC/ST P.S. Case No. 08 of 2011), was dismissed as withdrawn. State Counsel and respondent no. 2's counsel pointed out that besides Cr. Misc. No. 21157 of 2023 (withdrawn on 28.08.2023), Cr. Misc. No. 65998 of 2023 filed by the same lawyer was pending before a Co-ordinate Bench; confronted with this suppression, counsel for the appellants prayed for withdrawal and was cautioned to be careful in future. The interim protection granted on 09.09.2024 stands vacated; the Trial Court was directed to immediately proceed with the trial and a copy of the order was to be sent to it.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1144 of 2024

Arising Out of PS. Case No.-8 Year-2011 Thana- SC/ST District- Madhepura

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

Ajay Singh @Ajay Shankar Singh SON OF VISHWANATH SINGH RESIDENT OF VILLAGE- MAJAURA, PS- BIHARIGANJ, DISTMADHEPURA

VIJAY SHANKAR SINGH SON OF VISHNATH SINGH RESIDENT OF VILLAGE- MAJAURA, PS- BIHARIGANJ, DIST- MADHEPURA

ASHOK SINGH @ ASHOK KUMAR SINGH SON OF RUPKANT SINGH RESIDENT OF VILLAGE- MAJAURA, PS- BIHARIGANJ, DISTMADHEPURA

... ... Appellant/s

Versus

The State of Bihar

SHAMBHU PASWAN SON OF LATE NARAYAN PASWAN @ SITRAM PASWAN RESIDENT OF VILLAGE- MAJAURA, PS- BIHARIGANJ, DIST- MADHEPURA

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Brij Mohan Kumar Singh, Adv. For the Respondent/s : Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

7 20-01-2025 Heard Mr. Brij Mohan Kumar Singh, learned counsel for the appellant and Mr. Binay Krishan, learned APP as also Mr. Nafisuzzoha representing the respondent no. 2.

The present application has been filed for quashing

the order dated 02-01- 2024 passed by 1st Additional District and Sessions Judge-cum-Special Judge, SC/ST (Prevention of Atrocities) Act, Madhepura in SC/ST case no. 245/2017 arising out of Begusarai (Bihariganj) SC/ST P.S. Case No. 08 of 2011 dated 26-01-2011 whereby and where under the charge for

Patna High Court CR. APP (SJ) No.1144 of 2024(7) dt.20-01-2025 2/3

offence under section 341/34 323/34 504/34 of this I.P.C and section 3(1)(S) SC/ST act read with 34 of the I.P.C has been framed against the appellants and consequently set aside the entire proceeding against the appellants arising out Begusarai (Bihariganj) SC/ST P.S. Case No. 08 of 2011 dated 26-01-2011. The SC/ST case no 245/2017 is pending in the court of learned 1^st Additional District and Sessions Judge-cum-Special Judge, SC/ST (Prevention of Atrocities) Act, Madhepura.

It has been pointed out by the learned State Counsel and Mr. Nafisuzzoha that beside Cr. Misc. No. 21157 of 2023 which was withdrawn by the petitioners on 28.08.2023, another Cr. Misc. No. 65998 of 2023 has been filed by him and suppressing the said fact, the present appeal has been filed and the appellants also managed to procure interim relief.

The order-sheet of Cr. Misc. No. 65998 of 2023 shows that the same has been filed by the same lawyer and is pending before a Co-ordinate Bench.

Confronted with the same situation, learned counsel for the appellant prays for withdrawal of the petition, which is accordingly dismissed as withdrawn. He is cautioned to be careful in future.

The interim protection granted on 09.09.2024

Patna High Court CR. APP (SJ) No.1144 of 2024(7) dt.20-01-2025 3/3

stands vacated. The Trial Court should immediately proceed with the trial.

Let a copy of the order be sent to the learned Trial

Court conducting trial of SC/ST Case No. 245/2017 arising out of Begusarai (Bihariganj) SC/ST P.S. Case No. 08 of 2011.

(Rajiv Roy, J)

Vijay Singh/-

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