Dipak kumar Vs The State of Bihar

====================================================== Appearance : For the Appellant/s : Mr. Mrigendra Kumar, Adv. Mr. Ramashish, Adv. For the State : Ms. Usha Kumari No. 1, SPP For the Resp. No. 2 : Mr. Sanjay Kumar Sinha, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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8 09-07-2026

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Heard learned counsel for the appellant, learned SPP

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for the State and learned counsel for the respondent No. 2.

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The instant appeal has been filed under Section 14A

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of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short, ‘SC/ST Act’) against the cognizance order dated 05.04.2024 passed by learned Exclusive Special Judge (SC/ST Act), Patna, in Special (SC/ST) Case No. 284 of 2021 arising out of SC/ST P.S. Case No. 14 of 2021 registered for the offences punishable under sections 420, 504 and 506 of the Indian Penal Code (in short, ‘IPC’) and sections 3(1)(r)(s) & 3(2)(va) of the SC/ST Act, whereby the learned Special Judge has not taken cognizance under section 3(2)(va) of the SC/ST

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Patna High Court CR. APP (SJ) No.1515 of 2025(8) dt.09-07-2026 2/3

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Act.

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Learned counsel for the appellant submits that the cognizance of the offence under section 3(2)(va) of the SC/ST Act has not been taken against the respondent No. 2 despite having sufficient material to attract the said offence and particularly, the cognizance of the offence under section 506 of the IPC and section 3(1)(r)(s) of the SC/ST Act, taken by the cognizance taking court itself, shows the commission of the offence under section 3(2)(va) of the SC/ST Act and the same is automatically attracted and merely on this technical ground, the appellant has preferred this appeal.

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Learned counsel for the respondent No. 2 opposes this appeal and submits that the trial court has taken right approach while passing the impugned order.

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Considering the aforesaid submissions and having gone through the impugned order dated 05.04.2024, this Court finds that the trial court has passed the order impugned in mechanical manner in respect of the offence under section 3(2) (va) of the SC/ST Act, hence, the order impugned is hereby set aside and the instant appeal stands allowed.

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The trial court is directed to pass a fresh order on the point of cognizance according to merit and as per the

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Patna High Court CR. APP (SJ) No.1515 of 2025(8) dt.09-07-2026 3/3

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provision of law, without being prejudiced with this order, in the light of the circumstances which are relevant to the offence under section 3(2)(va) of the SC/ST Act.

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(Shailendra Singh, J)

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annu/-

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U T

Dipak kumar v. The State of Bihar

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Dipak kumar v. The State of Bihar

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