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Patna High Court

Sanjay Kumar @ Sanjay Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order taking cognizance against the appellant is not sustainable and is quashed.

Summary

The appellant Sanjay Kumar Singh was charged under several IPC sections and the SC/ST Act based on an FIR alleging that he danced while intoxicated at a marriage procession and that a co‑accused used caste slurs against the informant. The appellant contended that the FIR was retaliatory, filed after he lodged his own FIR, and that there was no material linking him to any caste‑based abuse or other offences. The police investigation concluded with a final report exonerating him, but the Special Judge nonetheless took cognizance of the charges. The High Court examined the FIR, the investigation report, and the lack of prima facie evidence against the appellant, finding that the cognizance was taken mechanically and without sufficient basis. Consequently, the Court quashed the order of cognizance, holding that proceeding would cause a miscarriage of justice, and allowed the appeal.

Issues considered

  • Whether cognizance can be taken against the appellant in the absence of prima facie material linking him to the alleged offences under the IPC and the SC/ST Act.
  • Whether the FIR alleging caste‑based abuse against the appellant is sufficient to sustain charges under the SC/ST Act.
  • Whether taking cognizance despite the police exoneration violates principles of natural justice and amounts to an abuse of process.

Legislation cited

Subjects

  • SC/ST Act
  • cognizance
  • quash order
  • retaliatory FIR
  • prima facie evidence
  • miscarriage of justice
  • criminal procedure
  • intoxication
  • caste based offence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1894 of 2024
                          Arising Out of PS. Case No.-14 Year-2022 Thana- SC/ST District- Gaya
                 ======================================================
                 Sanjay Kumar @ Sanjay Kumar Singh S/o- Munnu Singh Village- Kapeya
                 PS- Alipur Dist- Gaya

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Pramila Devi wife of Santosh Das Village- Kapeya Ps- Alipur dist- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :       Mr. Indu Shekhar Dwivedi
                 For the Respondent/s     :       Mr. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

6   16-03-2026                 1.       Heard learned counsel for the appellant and

                   learned counsel for the Special Public Prosecutor for the SC/ST.

                               2.       The present appeal has been filed for quashing

                   the cognizance order, dated 14.08.2023, passed by learned

                   Special Judge SC/ST, Gaya, in SC/ST Police Station Case No.

                   14 of 2022, dated 15.06.2022, whereby learned Special Judge

                   SC/ST, Gaya, has taken cognizance against the appellant under

                   Sections 341/323/354/509/504/506/34 of the Indian Penal Code

                   and Sections 3(1)(r)(s)(w) and 3(2)(va) of the SC/ST Act.

                               3.        The prosecution story, in brief, is that the

                   informant/respondent no. 2 gave her fardbeyan on 15.06.2022

                   alleging therein that on 12.06.2022 at about 06:30 in the evening

                   she was watching a marriage procession in the house of one
Patna High Court CR. APP (SJ) No.1894 of 2024(6) dt.16-03-2026
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          Mithlesh Prasad, in the meantime the appellant Sanjay Kumar

          Singh started dancing in intoxicated condition and moved

          towards the informant. When the informant moved backwards

          and obejcted the manner in which the appellant was dancing, the

          co-accused Bipin Kumar started abusing her by caste name and

          tore her saree also.

                       4.      Learned counsel for the appellant submits that

          from perusal of the First Information Report and the materials

          collected during course of investigation, no offence is made out,

          much less any offence under Sections 3(1)(r)(s)(w) and 3(2)(va)

          of the SC/ST Act. There is no allegation against the appellant

          that he abused the informant by her caste name and/or assaulted

          her and tried to outrage her modesty. The only allegation in the

          First Information Report is that the appellant started dancing in

          barat party (marriage procession) in intoxicated condition.

                       5.      Learned counsel next submits that the present

          First Information Report has been lodged in retaliation of the

          First Information Report lodged by the side of the appellant

          inasmuch as on 12.06.2022 at 05:00 PM in the evening, the

          mother of the co-accused Gautam Kumar lodged First

          Information Report, bearing Alipur Police Station Case No. 87

          of       2022,        for       the       offences     under   Sections
Patna High Court CR. APP (SJ) No.1894 of 2024(6) dt.16-03-2026
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          147/148/341/323/354/379/307/504/506 of the Indian Penal

          Code against the accused persons, including informant’s

          husband, and other family members, stating therein, that while

          she was going to worship in Shiv Mandir with Maur Shehra

          along with 12-15 ladies, all the accused persons, including the

          husband of the informant, having iron-rod, lathi, etc, arrived

          near transformer and abused and started pulling her. Upon noise

          being made, the brother-in-law of informant, namely, Dayanand

          Singh, Sunny Kumar, Ravi Kumar and Arun Kumar came to

          save her. Then accused Dhananjay Kumar, with an intention to

          kill, assaulted on the head of Dayanand Singh, who sustained

          serious head injury and started bleeding and Sunny Kumar also

          sustained serious head injury. Accused Dinesh Ram and Baiju

          Das snatched gold mangal sutra. The injured persons were

          admitted in ANMC Hosptial, Gaya.

                       6.       The First Information Report was lodged on

          13.06.2022 by the side of the appellant, in which, the appellant’s

          son sustained injury and after lodging of the First Information

          Report on 13.06.2022, retaliatory First Information Report has

          been lodged by the side of the informant on 15.06.2022. The

          First Information Report, in question, is completely retaliatory

          in nature and based on concocted story and was lodged after a
Patna High Court CR. APP (SJ) No.1894 of 2024(6) dt.16-03-2026
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          delay of 03 days.

                       7.      The case was investigated by the Investigation

          Officer and during course of investigation no material came

          against the appellant to connect him with the present offence.

          Accordingly, the police submitted final form against accused

          persons exonerating the appellant from the charges. However,

          learned Special Court differed with the final form and took

          cognizance on 14.08.2022 against the appellant along with

          others without any material available on record.

                       8.      Referring to the case dairy, learned counsel

          submits that in the First Information Report as well as during

          course of investigation, no material has come against the

          appellant to connect him with the offences inasmuch as only

          statement which has come against the appellant in the entire

          First Information Report and during course of investigation is

          that he was dancing in the marriage procession in intoxicated

          condition. There is no allegation and/or prima facie material to

          show that the appellant abused the informant by her caste name

          and/or assaulted her.

                       9.     Despite service of notice, no one appeared on

          behalf of the respondent no. 2.

                       10.        Learned counsel for the State argued that
Patna High Court CR. APP (SJ) No.1894 of 2024(6) dt.16-03-2026
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          learned Special Court has taken cognizance against the appellant

          after differing with the police report. He next submits that there

          is no infirmity in the order taken cognizance.

                       11.         I have heard learned counsel for the parties

          and have gone through the materials available on record,

          including the impugned order.

                       12.        From the First Information Report, it appears

          that the allegation against the appellant is that he was dancing in

          the marriage procession near the informant which was objected

          by her. There is no allegation in the First Information Report

          that the appellant abused the informant in full public view by

          taking her caste name and the allegation of abuse by caste name

          is upon one Bipin Kumar, who is the co-accused. During course

          of investigation, the restatement of the informant was recorded,

          in which, she has merely reiterated the statement made in the

          First Information Report and 02 witnesses which were examined

          during course of investigation have also reiterated the statement

          made by the informant in the First Information Report.

                       13.          From perusal of the statement made in the

          First Information Report and materials collected during course

          of investigation, prima facie no offence under Sections 3(1)(r)(s)

          (w) and 3(2)(va) of the SC/ST and/or under Sections
            Patna High Court CR. APP (SJ) No.1894 of 2024(6) dt.16-03-2026
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                      341/323/354/509/504/506/34 of the Indian Penal Code Act is

                      made out against the appellant.

                                   14.       Learned Special Court took cognizance of the

                      offences after differing with the police report without any

                      cogent materials available on record and in mechanical manner.

                                   15.       Allowing the prosecution to continue against

                      the appellant will cause miscarriage of justice in abuse of

                      process of court.

                                   16.       Accordingly, I come to the conclusion that the

                      order taking cognizance, dated 14.08.2023, passed by learned

                      Special Judge SC/ST, Gaya, in connection with SC/ST Police

                      Station Case No. 14 of 2022 is not sustainable. In the result

                      order taking cognizance qua the appellant is hereby quashed.

                                   17.          This appeal is, accordingly, allowed.



                                                (Anil Kumar Sinha, J)
ashwani/-

U      T


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