Appeal against refusal to issue process in a SC/ST Act complaint alleging offences under Sections 354, 323, 379, 384 IPC. The High Court held the dispute was civil in nature concerning a land purchase, with no caste-based malice, and dismissed the appeal.
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.441 of 2023
Arising Out of PS. Case No.-161 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur
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SANJAY KUMAR PASWAN Son of Adhiklal Paswan R/V and P.O Bandhpura, P.S- Katra, Dist- Muzaffarpur
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Rakesh Ranjan For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
Heard the learned counsel for the appellant as well as the learned APP for the State.
Patna High Court CR. APP (SJ) No.441 of 2023(3) dt.23-04-2025 2/2
complainant is purchaser of the land from the opposite party No. 2. The learned court below has found that the occurrence did not take place due to malicious feelings of castes. The impugned order itself shows that this is a dispute of civil nature and the criminal liability does not arise. The learned court below has rightly refrained from issuing the process against the opposite party number 2.
(Nawneet Kumar Pandey, J)
kundan/-
U T
1 issue framed by the court
Whether the trial court rightly refused to issue process in a complaint under IPC and SC/ST Act where the dispute was of civil nature arising from a land purchase.
2 provisions across 2 enactments
Sanjay Kumar Paswan
The State of Bihar
Rupesh Kumar
Chandra Bhushan Singh
Mohan Prasad Singh
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
