Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Arun Yadav @ Arun Kumar Son Of Haridwar Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ALOK KUMAR PANDEY, J.
1. Heard both sides.
2. The present appeal is directed against the order dated 18.07.2023 passed by the learned court of Special Judge, SC/ST Court, Gaya in Tr. No. 378 of 2023 arising out of Magadh University P.S. Case No. 71 of 2021 registered under Sections 341 , 323, 504/34 of the IPC and Section 3(i)(r)(s) of SC/ST Act whereby and whereunder cognizance for the offences punishable under , 323, 504/34 of the and Section 3(i)(r)(s) / 3(2)(va) of the SC/ST Act has been taken against the appellant and two others.
3. The prosecution story, in brief, is that respondent no. 2/ informant submitted his written statement before the SHO of Magadh University, Bodh Gaya Police Station stating therein that on 05.06.2021 there was Tilak ceremony of son of Vinod Mistry and Vinod Mistry had given invitation to the informant. It is alleged that informant and his family members reached at the house of Vinod Mistry and sat on the table to have feast. Meanwhile, the appellant while abusing the informant and his family members make them got up from the feast. It is further alleged that when same was protested, the informant and his cousin brother, namely, Niraj was a
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 appeal's outcome highlighted the necessity for a reasoned order when a trial court differs from an investigator's findings.
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.
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.
Cognizance orders must be supported by clear reasoning when differing from the investigative officer's findings, or they risk being deemed nullities.
The court upheld the conviction for wrongful restraint under IPC while overturning the conviction under the SC & ST Act due to insufficient proof of the informant's caste status.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
