Dismissed¶22

Md. Phool Hasan v. the State of Bihar through the Additional Chief Secretary, Home Department, Bihar, Patna

Patna HC24 Jul 2025CR. WJC/402/2023

Case brief

AI extract

What is this about?

Patna High Court; CR. WJC No. 402 of 2023; Sandeep Kumar, J.; decided 24-07-2025; writ petition seeking direction to Magistrate (SDJM Manjhaul, Begusarai) to take cognizance under Sections 395, 380, 452 IPC in addition to Sections 147, 148, 341, 323, 448, 427, 379, 504, 506 IPC and against all charge-sheeted accused in Khodawandpur P.S. Case No. 110/2017; held that taking cognizance is the Magistrate's function upon examining records and charge-sheet; application dismissed with liberty to avail other legal remedies.

What did the court decide?

None; the application was dismissed with liberty to the petitioner to avail the other legal remedies available to him. ¶22

Md. Phool Hasan Vs the State of Bihar through the Additional Chief Secretary, Home Department, Bihar, Patna — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.402 of 2023

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Arising Out of PS. Case No.-110 Year-2017 Thana- KHODAWANDPUR District- Begusarai

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

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MD. PHOOL HASAN Son of Abdul Rashid Resident of Village- Sirsi, Ward No.-8, Bariarpur, P.S.- Khodawandpur, District-Begusarai

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	... Versus	... Petitioner/s
1.	THE STATE OF BIHAR THROUGH THE ADDITIO SECRETARY, HOME DEPARTMENT, BIHAR, PATNA BIHA	NAL CHIEF R
2.	THE ADDITIONAL CHIEF SECRETARY, ADMINISTRATION DEPT., GOVT. OF BIHAR, PATNA BIH	GENERAL AR
3.	THE REGISTRAR CIVIL COURT, BEGUSARAI BIHAR
4.	THE COURT OF SDJM, MANJHAUL, BEGUSARAI BIHAR
5.	MD. ALI HASAN SON OF MD. SAYEED R/O VILL.- KHODAWANDPUR, DISTT.- BEGUSARAI	SIRSI, P.S.-
6.	MD. GHULAM SARVAR SON OF LATE HANIF R/O VILL. KHODAWANDPUR, DISTT.- BEGUSARAI	- SIRSI, P.S.-
7.	MD. ALI AKBAR SON OF MD. HUSSAIN @ MOGAL SIRSI, P.S.- KHODAWANDPUR, DISTT.- BEGUSARAI	R/O VILL.-
8.	MD. MUSTAQUE SON OF LATE MD. RAIS R/O VILL.- KHODAWANDPUR, DISTT.- BEGUSARAI	SIRSI, P.S.-
9.	MD. ANWAR SON OF MD. DAUD R/O VILL.- KHODAWANDPUR, DISTT.- BEGUSARAI	SIRSI, P.S.-
10.	MD. SHAMIM SON OF MD SAYEED R/O VILL.- KHODAWANDPUR, DISTT.- BEGUSARAI	SIRSI, P.S.-
11.	MD. ANWAR SON OF MD. ALI HASAN R/O VILL.- KHODAWANDPUR, DISTT.- BEGUSARAI	SIRSI, P.S.-
12.	MD. BABLU @ MD. ASHRAF R/O VILL.- KHODAWANDPUR, DISTT.- BEGUSARAI	SIRSI, P.S.-
13.	MD. QAMAR @ AMAR ALI @ ANWAR ALI SON OF LAI VILL.- SIRSI, P.S.- KHODAWANDPUR, DISTT.- BEGUSAR	HASAN R/O AI
14.	MD. UMAR SON OF ALI HASAN R/O VILL.- KHODAWANDPUR, DISTT.- BEGUSARAI	SIRSI, P.S.-
15.	MD. MERAJ SON OF MD. BAHAUDDIN R/O VILL.- KHODAWANDPUR, DISTT.- BEGUSARAI	SIRSI, P.S.-
16.	MD. BAHAUDDIN SON OF MD. SAYEED R/O VILL.- KHODAWANDPUR, DISTT.- BEGUSARAI	SIRSI, P.S.-
	... ... =============================================	Respondent/s =========
	Appearance :
	For the Petitioner/s : Mr.Dr. Anand Kumar For the Respondent/s : Mr.M. Nasrul Huda Khan

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Patna High Court CR. WJC No.402 of 2023(2) dt.24-07-2025 2/3

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Mr. Md. Fazle Karim, AC to SC 1

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

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 24-07-2025

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Heard the parties.

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The present application has been filed on behalf

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of the petitioner seeking the following reliefs:-

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i. For direction/directions to the Court below (the Court of S.D.J.M. Manjhaul, DistrictBegusarai) also to take appropriate cognizance under section 395, 380 & 452 of IPC against the accused persons (Respondent No. 5 addition to Section 147, 148, 341, 323, 448, 427, 379, 504 and 506 of the IPC to which the Court below has already taken cognizance vide order dated 04.11.2022 in connection with the Khodawandpur P.S. Case No. 110/2017.

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ii. For direction to the Court below to take cognizance against all accused persons (Respondent No. 5 to 16), who have been charge sheeted by the already Inquiry been Officer in connection with Khodawandpur P.S. Case No. 110/2017 under section 395, 380, 452, 147, 148, 341, 323, 448, 427, 379, 504 and 506 of the IPC.

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In the opinion of this Court, the litigant

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cannot ask for the direction as to take cognizance by the Magistrate and it is for the Magistrate to examine the records of the case and charge-sheet and thereafter come to a conclusion,

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Patna High Court CR. WJC No.402 of 2023(2) dt.24-07-2025 3/3

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as to whether, cognizance can be taken against some of the accused or none of the accused.

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If the cognizance is not taken as per the wishes of

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the petitioner then the petitioner has other legal remedies available to him before approaching this Court.

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In view of the above, this application is dismissed with a liberty to the petitioner to avail those remedies.

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(Sandeep Kumar, J)

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Vikas/-

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Md. Phool Hasan v. the State of Bihar through the Additional Chief Secretary, Home Department, Bihar, Patna

Case brief

What is this about?

What did the court decide?

Md. Phool Hasan v. the State of Bihar through the Additional Chief Secretary, Home Department, Bihar, Patna

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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