Appeal against trial court's cognizance order in an SC/ST case arising from an alleged assault and theft. Appellants contended the offence did not occur in public view so the SC/ST Act was inapplicable. The High Court found a prima facie case on the FIR and charge-sheet materials and declined to interfere.
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.1331 of 2024
Arising Out of PS. Case No.-27 Year-2023 Thana- SC/ST District- Sheikhpura
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... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Sheo Nandan Prasad, Advocate For the State : Mr. Sadanand Paswan, A.P.P. For the Inforamnt : Mr. Bipin Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 04-09-2025
Heard both sides.
Patna High Court CR. APP (SJ) No.1331 of 2024 dt.04-09-2025 2/4
appellants under Sections 341, 323, 34 of the I.P.C. and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.1331 of 2024 dt.04-09-2025 3/4
further submits that occurrence took place in the shop of appellant no. 1. He further submits that wife of appellant no. 1 has also lodged FIR bearing Chewara P.S. Case No. 62 of 2023 against the informant and three-four unknown persons. He further submits that during the course of investigation, there was no material to take cognizance against the appellants. He further submits that appellant no. 1 has filed informatory petition with regard to the recovery of Rs. 4,290/- and in retaliation of the said informatory petition, false case has been lodged against the appellants. He further submits that informant is said to be habitual in lodging false FIR. He further submits that the present case is of civil nature as the appellant no. 1 is a business man and he is doing business with his wife in the shop of cloths and jeweler at the time of occurrence.
Patna High Court CR. APP (SJ) No.1331 of 2024 dt.04-09-2025 4/4
same has been passed with due application of mind on the basis of charge-sheet submitted by the investigating officer and cognizance has been taken against the appellants by the learned trial court. It has been found that while recording the order of cognizance, the learned trial court has added Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act against the appellants and has passed reasoned order on the basis of material available on record.
(Alok Kumar Pandey, J)
alok/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 05.09.2025. |
| Transmission Date | 05.09.2025. |
2 issues framed by the court
Whether cognizance taken against appellants under IPC Sections 341/323/34 and SC/ST Act Sections 3(1)(r), 3(1)(s), 3(2)(va) should be quashed.
Whether SC/ST Act provisions apply when occurrence allegedly took place in a shop, not in public view.
2 provisions across 2 enactments
Prabhat Sao @ Prabhat Kumar
Sandeep Sao @ Baudha @ Sandeep Kumar
Deepak Kumar @ Deepak Chaurasiya
The State of Bihar
Abhishek Kumar @ Govind Chaudhary
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
