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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
| Table of Content |
|---|
| 1. allegations of abuse and assault at a family event. (Para 2 , 3 , 4) |
| 2. defense claims innocence and motives behind accusations. (Para 5 , 6) |
| 3. court's assessment of evidence and legal standards. (Para 7 , 8 , 9 , 10 , 11) |
| 4. appeal dismissal with an option for further grievances. (Para 12 , 13) |
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 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.
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.
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.
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