Dismissed¶31

Pravesh Kumar @ Pravesh Mahto v. The State of Bihar

Patna HC21 Aug 2025CR. APP (SJ)/1427/2025

Case brief

AI extract

What is this about?

Quashing of FIR refused; SC/ST (POA) Act sections 3(1)(r)(s) and 3(2)(va); IPC sections 341, 323, 504, 506, 509, 34; allegation of abuse by caste name and lathi/danda assault on informant's mother; cognizance order upheld as passed with due application of mind on charge-sheet and case diary; prima facie case; dismissal at admission stage; liberty reserved to raise grievance later; Kawakol P.S. Case No. 91 of 2024, Nawada; Patna High Court; Justice Alok Kumar Pandey; oral judgment dated 21-08-2025.

What did the court decide?

The order of cognizance dated 06.09.2024 passed by the Special Judge, Exclusive Court SC/ST (POA) Act, Nawada was passed with due application of mind on the basis of the charge-sheet and case diary, a prima facie case being made out against the appellants on the accusation in the F.I.R. ¶26

Pravesh Kumar @ Pravesh Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the F.I.R. in Kawakol P.S. Case No. 91 of 2024, the charge-sheet dated 15.07.2024 and the order of cognizance dated 06.09.2024 should be quashed. +1 more

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Court's answer

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Ratio / Principle

Considering the facts and circumstances of the case, and that a prima facie case has been found against the appellants having regard to the accusations in the First Information Report and the material available on the record, the Court is not inclined to interfere with the impugned order dated 06.09.2024.

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Key takeaways

The present appeal is dismissed at the stage of admission itself.ratio¶31
The appellants will be at liberty to raise their grievance, if any, at the appropriate stage.obiter¶33

Detailed headnote1 paragraphs

Patna High Court (Alok Kumar Pandey, J) — Criminal Appeal (SJ) No. 1427 of 2025 (arising out of Kawakol P.S. Case No. 91 of 2024, District Nawada), decided 21-08-2025: appeal by three accused seeking quashing of the F.I.R. dated 08.03.2024 (registered under sections 341, 323, 504, 506, 509 & 34 IPC and sections 3(1)(r)(s) and 3(2)(va) SC/ST (POA) Act), the charge-sheet dated 15.07.2024 and the cognizance order dated 06.09.2024 of the Special Judge, Exclusive Court SC/ST (POA) Act, Nawada (CIS No. 193 of 2024). Appellants contended the F.I.R. contained no averment of abusive words by caste name and no public place was alleged. The Court found the cognizance order was passed with due application of mind on the charge-sheet and case diary upon a prima facie finding against the appellants, declined to interfere with the impugned order, and dismissed the appeal at the admission stage itself, leaving the appellants liberty to raise their grievance at an appropriate stage.

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL APPEAL (SJ) No.1427 of 2025

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Arising Out of PS. Case No.-91 Year-2024 Thana- KAUWAKOL District- Nawada

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Pravesh Kumar @ Pravesh Mahto S/o- Mahendra Mahto Village- Vijho Bijho Ps- Kawakol Dist- Nawada

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Shakunti Devi W/o- Mahendra Mahto Village- Vijho Bijho Ps- Kawakol Dist- Nawada

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Sunita Devi W/o- Pravesh Kumar @ Pravesh Mahto Village- Vijho Bijho PsKawakol Dist- Nawada

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... ... Appellant/s

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Versus

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The State of Bihar

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Sita Devi D/o- Mahesh Chaudhary Village- Vijho Bijho Ps- Kawakol DistNawada

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... ... Respondent/s

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Appearance : For the Appellant/s : Mr.Diwakar, Adv. For the Respondent/s : Mr.Binay Krishna, APP

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 21-08-2025

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Heard the parties.

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The present appeal has been filed for quashing of

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the F.I.R. in Kawakol P.S. Case No. 91 of 2024 dated 08.03.2024 registered under sections 341, 323, 504, 506, 509 & 34 of the Indian Penal Code and sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (POA) Act alongwith charge-sheet dated

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Patna High Court CR. APP (SJ) No.1427 of 2025 dt.21-08-2025 2/4

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15.07.2024 and the order of cognizance dated 06.09.2024.

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As per the prosecution case, when informant’s mother was proceeding towards her field for irrigation, in the meanwhile, the appellants intercepted her in the way and started abusing and assaulted by means of lathi and danda . It is also alleged that informant’s mother was being thrashed and all the three appellants concertedly assaulted her, as a result of which she sustained injuries. The informant’s mother was taken to PHC Kawakol from where she was referred to Nawada for better treatment.

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Learned counsel for the appellants has submitted that from perusal of the F.I.R. it is evident that there is no any averment with regard to using abusive word by caste name. Appellants are innocent and have committed no offence as alleged in the F.I.R. and there is no any independent witness who has supported the case during the course of investigation. The appellants have become victim of such a false case which has been narrated by none else but the informant. Learned counsel submits that event if the material on record is taken taken into consideration, there is no public place where the abusive words has been used. In the light of the aforesaid, no offence is made under the provisions of SC/ST (POA) Act.

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Patna High Court CR. APP (SJ) No.1427 of 2025 dt.21-08-2025 3/4

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Learned counsel for the State submitted that F.I.R. has been lodged under sections 341, 323, 504, 506, 509 & 34 of the Indain Penal Code and sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (POA) Act and allegation has been made by the informant that her mother was abused and assaulted and she was abused by her caste name. He submits that charge-sheet has already been submitted in this case against the present appellants. In the charge-sheet, it has been stated that abusive words by caste name was used by the appellants and they also assaulted the informant’s mother. On the basis of the chargesheet, order of cognizance has been passed.

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From perusal of the order dated 06.09.2024 passed by Special Judge, Exclusive Court SC/ST (POA) Act, Nawada in CIS No. 193 of 2024 arising out of Kawakol P.S. Case No. 91 of 2024, it appears that same has been passed with due application of mind on the basis of charge-sheet and case diary and after finding a prima facie case is made out against the appellants on the basis of accusation in the F.I.R.

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Considering the facts and circumstances of the case and also that a prima facie case has been found against the appellants having regard to the accusations in the First Information Report and the material available on the record, this

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Patna High Court CR. APP (SJ) No.1427 of 2025 dt.21-08-2025 4/4

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Court is not inclined to interfere with the impugned order dated

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06.09.2024.

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