Dismissed¶21

Keshav Singh @ Keshav Kumar Singh v. the State of Bihar

Patna HC7 Jan 2025CR. APP (SJ)/1388/2019

Case brief

AI extract

What is this about?

Patna High Court; Criminal Appeal (SJ) No.1388 of 2019; decided 07-01-2025 by Justice Sandeep Kumar; appellants Keshav Singh @ Keshav Kumar Singh, Sukan Mahto @ Sukkan Mahto, Ram Dayal Singh; respondents State of Bihar and Laxmi Ram; cognizance order dated 28.09.2018 under Sections 341, 323, 325, 504, 506/34 IPC and 3(i)(r)(s), 3(2)(va) SC/ST Act in Bibhutipur PS Case No. 58 of 2017, Samastipur; application to set aside cognizance dismissed because trial had started and three witnesses examined; stage-of-case bar on examining cognizance order; depositions of witnesses 1-3 taken on record.

What did the court decide?

Once the trial has already started (with witnesses examined), the Court cannot examine the order taking cognizance at this stage. ¶20

Keshav Singh @ Keshav Kumar Singh Vs the State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1388 of 2019

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Arising Out of PS. Case No.-58 Year-2017 Thana- BIBHUTIPUR District- Samastipur

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

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Keshav Singh @ Keshav Kumar Singh So Of Late Triveni Singh, Resident Of Village- Boriya, Police Station- Bibhutipur, District- Samastipur.

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Sukan Mahto @ Sukkan Mahto Son Of Late Sharwan Mahto, Resident Of Village- Boriya, Police Station- Bibhutipur, District- Samastipur.

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Ram Dayal Singh, Son Of Late Raj Bahadur Singh, Resident Of VillageBoriya, Police Station- Bibhutipur, District- Samastipur.

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... ... Appellant/s

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Versus

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The State Of Bihar

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Laxmi Ram, Son Of Late Siya Ram, Resident Of Village- Boriya, Police Station- Bibhutipur, District- Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Jitendra Kumar Pandey For the Respondent/s : Mr. Sadanand Paswan Mr. Ashok Kumar Sinha No. 03 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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7 07-01-2025

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Heard the learned counsel for the appellants, learned

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APP for the State and the learned counsel for the respondent no. 02.

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2 . The present application has been filed for setting aside the impugned order dated 28.09.2018 by which the court below has taken cognizance against the appellants for the offences under Sections 341, 323, 325, 504, 506/34 of the Indian Penal Code and under Section 3(i) (r) (s)/ 3(2) (va) of the SC/ST Act in connection with Bibhutipur P.S. Case No. 58 of 2017 registered under Sections 341, 323, 325, 504, 506/34 of

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Patna High Court CR. APP (SJ) No.1388 of 2019(7) dt.07-01-2025 2/2

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the Indian Penal Code and under Sections 3(i)(r)(s), 3(2)(va) of the SC/ST Act.

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3 . It has been submitted by the learned counsel for the respondent no. 02 that the stage of the case has changed. The trial has started and three witnesses have been examined.

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4 . At this stage, this Court cannot examine the order taking cognizance when the trial has already started.

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5 . Accordingly, this application is dismissed.

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6 . The certified copy of the deposition of the

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witnesses 1 to 3 is taken on record.

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(Sandeep Kumar, J)

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Shishir/-