Patna High Court
GAURAV KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The appeal is disposed, with liberty granted to the appellants to move an appropriate application before the trial court and to approach this Court again if aggrieved by the trial court's order.
Summary
The appellants filed a criminal appeal seeking to quash an FIR registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. While the appeal was pending, the investigation was completed, a charge‑sheet was filed and the trial court took cognizance of the offence. The appellants then moved an application to modify the prayer to set aside the cognizance order and another for condonation of delay in filing the certified copy of that order. Subsequently, they sought liberty to withdraw the appeal and instead move an application before the trial court for discharge. The Patna High Court disposed of the appeal, granting the appellants liberty to file the appropriate application before the trial court and indicating that any further grievance can be taken up by filing a fresh application before the High Court.
Issues considered
- Whether an appeal seeking quashal of an FIR under the SC/ST Act can be withdrawn after cognizance has been taken.
- Whether the court can set aside the cognizance order at the pleading stage.
- Whether the appellants may approach the trial court for discharge after withdrawing the appeal.
Legislation cited
Subjects
- criminal appeal
- FIR quash
- SC/ST Act
- cognizance
- withdrawal of appeal
- discharge application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2432 of 2024
Arising Out of PS. Case No.-42 Year-2024 Thana- MAHESHKHUNT District- Khagaria
======================================================
1. Gaurav Kumar S/O Anil Kumar, R/O Village- Maheshkhunt Ward No. 10,
P.S- Maheshkhunt, Distt.- Khagaria.
2. Indu Devi W/O Anil Kumar, R/O Village- Maheshkhunt Ward No. 10, P.S-
Maheshkhunt, Distt.- Khagaria.
... ... Appellant/s
Versus
1. The State Of Bihar
2. Nitu Kumari D/O Ranjit Rajak, R/O Village- Maheshkhunt, P.O And P.S-
Maheshkhunt, Distt.- Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Swami Parth Sarthy
For the State : Ms. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 05-01-2026 The present criminal appeal has been preferred by the
appellants for quashing the F.I.R. filed under SC and ST Act.
However, later on investigation has been completed in this case
and charge-sheet has been submitted, and even, cognizance has
been taken and hence, learned counsel for the appellants has
filed one I.A. for modifying the prayer to the effect for setting
aside the cognizance order. One other application has been filed
for condonation of delay in filing the certified copy of the
cognizance order.
2. However, learned counsel for the appellants is
seeking permission to withdraw the present appeal with liberty
Patna High Court CR. APP (SJ) No.2432 of 2024(3) dt.05-01-2026
2/2
to move an application before learned Trial Court for discharge
and in case, they are aggrieved by the order of the Court below
at the stage of charge, they may prefer fresh appeal against the
charge order.
3. Accordingly, the present appeal is disposed of with
liberty to the appellants to move appropriate application before
learned Trial Court and if aggrieved by the next order of learned
Trial Court, they may approach this Court with an appropriate
application.
(Jitendra Kumar, J.)
ravishankar/-
U T
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