Disposed¶23

Prem Kumar Mishra @ Prem Mishra v. The State of Bihar

Patna HC10 Jul 2025CR. APP (SJ)/710/2024

Case brief

AI extract

What is this about?

Prem Kumar Mishra @ Prem Mishra v. State of Bihar & Uma Shankar Ram; Patna High Court; CRIMINAL APPEAL (SJ) No.710 of 2024; decided 10-07-2025; Nawneet Kumar Pandey, J; quashing of cognizance order dated 19.07.2023; Additional District Judge-1 cum Special Judge (SC/ST Act), Buxar; SC/ST Case No. 80/2022; Koren Sarai P.S. Case No. 83 of 2022, District Buxar; IPC sections 341, 323, 504, 506 read with 34; SC/ST (POA) Act sections 3(1)(r)(s), 3(2)(va); earlier Cr. Misc. No. 78450 of 2023 withdrawn 23.01.2024; appeal disposed of; grievance to be raised at stage of framing of charges.

What did the court decide?

No quashing; appeal disposed of with the observation that the appellant may raise his grievance(s) at the stage of framing of charges. ¶23

Prem Kumar Mishra @ Prem Mishra 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.710 of 2024

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Arising Out of PS. Case No.-83 Year-2022 Thana- KORANSARAI District- Buxar

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Prem Kumar Mishra @ Prem Mishra S/o Late Dinanath Mishra R/o Vill - Banahi, P.S. - Shahpur, Dist. - Bhojpur

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... ... Appellant/s

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Versus

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The State of Bihar

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Uma Shankar Ram S/o Late Sipahi Ram R/o Vill - Rampur, P.S. - Nawanagar, Dist. - Buxar

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... ... Respondent/s

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

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Appearance :

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For the Appellant/s : Mr.Dhirendra Singh For the Respondent/s : Mr.Sadanand Paswan

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====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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5 10-07-2025 Heard the parties.

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The present appeal has been filed for quashing the

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order dated 19.07.2023 passed by the court of learned Additional District Judge-1 cum Special Judge (SC/ST Act), Buxar in SC/ST Case No. 80/2022 (arising out of Koren Sarai P.S Case No. 83 of 2022) whereby and where under the learned court has took cognizance of the offences under sections 341, 323, 504, 506 read with section 34 of the Indian Penal Code and sections3(1) (r)(s), 3(2) (va) of the SC/ST (POA) Act and issue summon / notice to the appellant to appear and face the trial.

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Learned counsel for the appellant has submitted that the present case has been lodged by the informant at the instigation of one Pradip Kumar Pandey ( Sadhu) of the

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Patna High Court CR. APP (SJ) No.710 of 2024(5) dt.10-07-2025 2/2

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appellant. Said Pradip Kumar Pandey had a dispute with his wife and his wife has lodged cases against him. Pradip Kumar Pandey was making pressure on the appellant to persuade his wife to withdraw those cases. It is the reason that the appellant has falsely been implicated in the present case.

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On the other hand, learned counsel for the informant has submitted that earlier the appellant had challenged the same impugned order in Cr. Misc. No. 78450 of 2023 and vide order dated 23.01.2024, it was withdrawn and a liberty was granted to him to raise the matter at an appropriate stage.

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This criminal appeal is disposed of with the observation that the appellant may raise his grievance(s) at the stage of framing of charges.

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With these observations, this Cr. Appeal (SJ) is disposed of.

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(Nawneet Kumar Pandey, J)

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Nirmal/- U T

Prem Kumar Mishra @ Prem Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prem Kumar Mishra @ Prem Mishra v. The State of Bihar

Case brief

What is this about?

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What the court decided

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