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ALOK KUMAR PANDEY
Lakshman Mahto @ Chandan Kumar Sinha – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J.—Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the Informant.
2. The present appeal is directed against the order dated 24.02.2025 passed by the learned Additional Sessions Judge – VI cum Special Judge, SC/ST Court, Nalanda at Biharsharif in connection with Special SC/ST Case No. 136 of 2023 arising out of Noorsarai P.S. Case No. 301 of 2023 (suppl.) registered under 341, 323, 307, 504, 506/34 of the IPC, later on Section 302 of IPC was added, and Section 3(1)(r)(s), 3(2)(v)(a) of SC/ST Act whereby and whereunder summons have been issued against the appellant after taking cognizance under Sections 341, 323, 302, 504, 506/34 of the IPC and Section 3(1) (r)(s), 3(2)(v) of SC/ST Act against the appellant.
3. The prosecution story, in brief, informant alongwith his father was working in agricultural field and the four accused persons including the appellant were grazing their buffaloes near the said agricultural field. When the buffalo of accused persons entered in the agricultural filed of informant, then, informant’s father went and tried to stop the buffaloes from entering the said field. Meanwhile
Cognizance orders must be supported by clear reasoning when differing from the investigative officer's findings, or they risk being deemed nullities.
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.
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.
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 appeal's outcome highlighted the necessity for a reasoned order when a trial court differs from an investigator's findings.
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.
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.
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