Disposed¶37

Pankaj Kumar Singh v. the State of Bihar

Patna HC2 Apr 2025CR. WJC/572/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Writ Jurisdiction Case No.572 of 2024 (CR. WJC No.572 of 2024); decided 02-04-2025; Bibek Chaudhuri, J (single judge); Nawada complaint case, SC/ST P.S. Case No. 26 of 2023; charge sheet filed - writ petition infructuous; High Court cannot direct further investigation after charge sheet; eyewitness not examined by investigating officer; liberty to give evidence in trial under Section 348 BNS; disposal of writ petition with direction to Trial Judge.

What did the court decide?

Writ petition disposed of as infructuous on filing of charge sheet, with liberty to the petitioner to apply to the learned Trial Judge under Section 348 of the BNS to give evidence in the trial; any such application to be disposed of in accordance with law without being influenced by this order. ¶37

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

What the court decided

AI extract

Outcome

¶37

Issue for consideration

Whether, after charge sheet has been filed in SC/ST P.S. Case No. 26 of 2023, this Court can direct further investigation or enable the petitioner (a claimed eyewitness not examined by the investigating officer) to adduce evidence, or whether the writ petition has become infructuous.

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Court's answer

When a charge sheet has been filed, this Court cannot direct further investigation; moreover, no such prayer was made in the instant writ petition.

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Ratio / Principle

The instant writ petition becomes infructuous on filing of the charge sheet and, therefore, has no merit.

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Key takeaways

The petitioner is at liberty to file an appropriate application before the learned Trial Judge for giving evidence in the trial court under Section 348 of the BNS.ratio¶36
If such application is filed, the learned Trial Judge shall dispose of it in accordance with law without being influenced by the instant order.ratio¶36

Detailed headnote1 paragraphs

Criminal Writ Jurisdiction (Patna High Court, Bibek Chaudhuri, J., 02-04-2025): Petitioner, a practising advocate of Nawada District Court claiming to be an eyewitness of an occurrence in SC/ST P.S. Case No. 26 of 2023 arising out of a Nawada complaint case, who stated he was not examined by the investigating officer, approached the Court wanting to adduce evidence. The State reported that investigation stood completed and a charge sheet had been submitted against the accused. Held: when charge sheet has been filed, the High Court cannot direct further investigation, and no such prayer was made in the writ petition; the petition became infructuous on filing of the charge sheet and lacked merit. The petitioner was left at liberty to file an appropriate application before the learned Trial Judge for giving evidence in the trial court under Section 348 of the BNS, and the Trial Judge was directed to dispose of any such application in accordance with law without being influenced by this order. Writ petition disposed of accordingly.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.572 of 2024

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Arising Out of PS. Case No.-1691 Year-2023 Thana- NAWADAH COMPLAINT CASE

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District- Nawada

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

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Pankaj Kumar Singh Son Of Shri Ram Sakal Prasad Singh R/O-Madho Bigha, P.O.-Orhanpur, Distt.-Nawada

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... ... Petitioner/s

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Versus

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The State Of Bihar R/O-Main Secretariate, Patna-800015

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The Chairman National Medical Commission R/O-Second Floor, Distt.Collectariate Complex, Main Road, Nawada-805110

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The Inspector General of Police-Magadh Range R/o-Durga Bari, Civil Lines, Gaya, 823001

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The Director General of Police R/o-Sardar Patel Bhawan, Jawahar Lal Nehru Marg, Bailey Road Patna-800022

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Md. Aswani Kumar, Police Inspector And Sho Police Station-Mufassil R/OKendua, Nawada Bihar Road, Nawada 805110

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Mr. Deepak Raw, Sub Inspector And Then Sho (In-Charge) Police StationMuffasil R/O-Kendua, Nawada Bihar Road, Nawada 805110

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Sub Inspector, Ps- Mufassil, Nawada Nawada, Bihar

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Rajesh Kumar Son of Late Prabhu Dayal Singh R/O-Madho Bigha, Distt.Nawada (Bihar)

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Naveen Kumar Son of Aditya Kumar R/O-Madho Bigha, Distt.-Nawada (Bihar)

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Robin Kumar Son of Rajesh Kumar R/O-Madho Bigha, Distt.-Nawada (Bihar)

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Aman Kumar Son of Rajesh Kumar R/O-Madho Bigha, Distt.-Nawada (Bihar)

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Aditya Kumar Son of Late Yadu Singh R/O-Madho Bigha, Distt.-Nawada (Bihar)

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Sandeep Kumar Son of Late Vijay Singh R/O-Madho Bigha, Distt.-Nawada (Bihar)

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Gayatri Devi Wife of Late Vijay Singh R/O-Madho Bigha, Distt.-Nawada (Bihar)

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Name Not Known Wife of Sandeep Kumar R/O-Madho Bigha, Distt.Nawada (Bihar)

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Nityanand Singh Son of Late Devendra Singh R/O-Madho Bigha, Distt.Nawada (Bihar)

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Abhijett Kumar Son of Nityanand Singh R/O-Madho Bigha, Distt.-Nawada (Bihar)

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Tara Devi Wife of Late Devendra Singh R/O-Madho Bigha, Distt.-Nawada (Bihar)

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Patna High Court CR. WJC No.572 of 2024(3) dt.02-04-2025 2/3

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Akash Kumar Son of Nityanand Singh R/O-Madho Bigha, Distt.-Nawada (Bihar)

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Krishna Murari Prasad, Advocate For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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3 02-04-2025 An adjournment is sought for on the ground of absence of the learned counsel for the petitioner.

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However, it is submitted by the learned Advocate on behalf of the State respondents that on the basis of a complaint, the police registered FIR being SC/ST P.S. Case No. and took up the case for investigation. On completion of investigation police submitted charge sheet against the accused persons. Therefore, on conclusion of investigation, the prayer made in the instant writ petition becomes infructuous.

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It is, however, contended by the petitioner that he is a practising Advocate of Nawada District Court. He is the eyewitness of the occurrence and he was not examined by the investigating officer at the time of investigation. He wants to adduce evidence in connection with the SC/ST P.S. Case No. 26 of 2023 for just decision of the case.

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When charge sheet has been filed, this Court cannot direct further investigation. Moreover, no such prayer has been

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Patna High Court CR. WJC No.572 of 2024(3) dt.02-04-2025 3/3

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made in the instant writ petition. The instant writ petition becomes infructuous on filing charge sheet, therefore, I do not find any merit in the instant writ petition.

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However, the petitioner is at liberty to file appropriate application before the learned Trial Judge for giving evidence in the trial court under the provision of Section 348 of the BNS. If such application is filed, the learned Trial Judge shall dispose of the same in accordance with law without being influenced by the instant order.

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Accordingly, the instant writ petition is disposed of.

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(Bibek Chaudhuri, J)

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Suraj Dubey/-

Pankaj Kumar Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar Singh v. the State of Bihar

Case brief

What is this about?

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What the court decided

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