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SANDEEP KUMAR
Anuj Kumar Sinha @ Chintu Kumar – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—Heard the learned counsel for the appellant, learned Special PP for the State and the learned counsel for the informant.
2. This appeal is directed against the order dated 30.08.2018 passed by the Special Judge, Kishanganj in Kishanganj SC/ST P.S. Case No. 06 of 2018 by which the Court below has taken cognizance against the appellant for the offences punishable under Sections 341, 323, 504, 325 of the IPC and under Sections 3(i)(r) of the SC/ST (POA) Act.
3. As per the case of the prosecution, one Shivaji Kumar gave a written report before the S.H.O. of SC/ST Police Station, Kishanganj on 09.05.2018 alleging therein that on 08.05.2018 at about 11:00 O' Clock when the informant was going to his house and when he reached near the street of his house then Chintu Sinha was in front of his vehicle and when the informant asked him to move away then Chintu Sinha abused him by taking his caste name and when the informant protested then Chintu Sinha assaulted him and pushed him on the ground due to which the informant got injured and thereafter, Chintu Sinha pressed his throat with intension to kill him. Chintu Sinha also spited in the mouth of informant.
4. On the basis of a
Cognizance under the SC/ST Act cannot be sustained if the informant is not a member of Scheduled Caste or if the involvement is merely circumstantial related to civil disputes.
Misuse of SC/ST Act leading to quashing of cognizance order due to lack of credible evidence.
Cognizance orders must be supported by clear reasoning when differing from the investigative officer's findings, or they risk being deemed nullities.
Cognizance of offences under specific laws requires a prima facie case, evaluated without delving into merits or defence arguments, and sufficient evidence can maintain charges.
The trial court must provide reasons for differing from the investigating officer's findings; failure to do so renders the cognizance order null and void.
A prima facie case must be established at the cognizance stage, particularly under the SC/ST Act, focusing on whether allegations, even if taken at face value, constitute an offense.
The court affirmed the need for sufficient grounds to proceed against the accused at pre-trial, highlighting that mere allegations warrant trial initiation under applicable laws.
The appeal's outcome highlighted the necessity for a reasoned order when a trial court differs from an investigator's findings.
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