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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Indra Kant Jha, Son Of Late Fudi Jha – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(CHANDRA SHEKHAR JHA, J.)
Heard the parties.
2. This appeal is directed against order taking cognizance dated 16.09.2021, whereby appellants charged for offence u/s 341, 323, 354(B)/34 I.P.C & 3(i)(r)(w)/3(2) (va) SC/ST Act, passed by 1st Additional District Judge cum Special Judge, SC/ST Act, Madhubani in FIR bearing Madhubani Nagar P.S Case No-64/19, GR No.22/2019, which is passed by modifying order taking cognizance dated15.03.2021 passed by 1st Additional District Judge cum Special Judge, SC/SCT Act, Madhubani in FIR bearing Madhubani Nagar P.S Case No-64/19, GR No.22/2019, by ignoring the findings in the police's final investigation report, regarding no sufÏcient evidence against the appellants.
3. Learned counsel for the appellant submitted that the present case was filed with oblique and ulterior motive as to counter the criminal case lodged by appellants and his nephew which was registered as Madhubani (Town) P.S. Case No. 59 of 2019 dated 10.02.2019 and also Madhubani (Town) P.S. Case No. 61 of 2019 dated 11.02.2019, where son of the informant is also an accused. It is submitted that informant is admittedly not the member of Schedule Caste community but by introduci
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.
The court reaffirmed that a cognizance order can be quashed if it lacks substantial basis and if allegations raised do not prima facie constitute an offence, highlighting the misuse of protective leg....
Cognizance under the SC/ST Act was quashed as the allegations arose from a land dispute, not atrocities as defined by the Act, while the cognizance for IPC offences was upheld based on prima facie ev....
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 SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
Cruelty, criminal breach of trust and cheating – Order of Magistrate taking cognizance cannot be faulted only because it was not a reasoned order.
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
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