Created by Fuzzy Cloud

Patna High Court

Chhatish Sharma @ Chhatish Kumar @ Satish @ Chhatish Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed; the order of the trial court taking cognizance of the offences is upheld.

Summary

The appellant, Chhatish Sharma, appealed under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act challenging the trial court’s order taking cognizance of alleged offences, including rape, based on FIR No. 88/2024. He contended that the FIR was fabricated, that he had been shot by the informant’s family on the same day, and that the ten‑day delay in filing the FIR was unreasonable. The State argued that the victim’s statement was recorded in a hospital, that the delay was procedural, and that there were prima facie materials and witness testimonies supporting the allegations. The High Court examined the FIRs, case diary, and the proximity of the two incidents (a gap of about two hours) and held that the appellant’s defenses required evidentiary scrutiny at trial and did not warrant setting aside the cognizance order. Consequently, the Court dismissed the appeal, upholding the trial court’s decision to take cognizance of the offences.

Issues considered

  • Whether the trial court’s order taking cognizance of the offences under the SC/ST Act should be set aside on the ground that the FIR is false and was filed with undue delay.
  • Whether the existence of prima facie evidence and the victim’s hospital statement suffices to sustain cognizance despite the appellant’s claim of a prior firearm injury.
  • Whether the ten‑day delay in registering the FIR vitiates the proceedings under the SC/ST Act.

Legislation cited

Subjects

  • SC/ST Act
  • false FIR
  • cognizance
  • prima facie evidence
  • delay in FIR registration
  • criminal appeal
  • rape allegation
  • firearm injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.2709 of 2025
                         Arising Out of PS. Case No.-88 Year-2024 Thana- Mohanpur District- Purnia
                  ======================================================
                  Chhatish Sharma @ Chhatish Kumar @ Satish @ Chhatish Kumar Sharma,
                  S/o Sri Vindeshwari Sharma Resident of Vill- Topra Ward No. 10, P.S. -
                  Mohanpur, Distt.- Purnea

                                                                                     ... ... Appellant/s
                                                         Versus
            1.    The State of Bihar
            2.    Rekha Devi, W/o Sri Ajit Paswan Paswan, R/o Vill - Topra, Ward no. 10,
                  P.S. - Mohanpur, Distt.- Purnea

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s      :        Mr.Amit Kumar Anand
                  For the Respondent/s     :        Mr.Usha Kumari 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                        ORAL ORDER

12   17-06-2026                       Heard the parties.

                                 2. The instant appeal has been preferred by the

                    appellant under section 14A(1) of the Scheduled Castes and the

                    Scheduled Tribes (Prevention of Atrocities) Act, (in short

                    ‘SC/ST Act’), against the order dated 15.04.2025 passed by the

                    Court of learned District & Additional Sessions Judge-1st-cum-

                    Special Judge SC/ST (POA) Act, Purnea, in connection with

                    Special SC/ST Case No. 75/2025, arising out of Mohanpur P.S.

                    Case No. 88/2024, whereby the learned court below has taken

                    cognizance of the alleged offences against the appellant.

                                 3. The main submissions advanced by the appellant's

                    counsel are that the allegations levelled by the informant in the
Patna High Court CR. APP (SJ) No.2709 of 2025(12) dt.17-06-2026
                                             2/4




          FIR of Mohanpur P. S. Case No. 88 of 2024 are completely false

          and fabricated, in fact, the appellant sustained firearm injury at

          the hands of the family members of the informant on the very

          same day of the alleged occurrence and in this regard, FIR

          bearing Mohanpur P.S. Case No. 86 of 2024 was lodged by the

          father of this appellant against the informant of the present

          matter and nine others and in that occurrence, the appellant

          sustained gunshot injury on his neck and he was treated at

          different hospitals and there are sufficient medical evidences to

          prove the said treatment as well as gunshot injury. It is further

          submitted that the alleged incident of rape is said to have been

          committed at about 3:00 P.M. on 04.09.2024 but the FIR which

          is based on the fardbeyan of the informant was registered on

          14.09.2024 after the delay of 10 days without giving any

          plausible explanation and further there was only a gap of 1 or 2

          hours between the commission of the alleged occurrence of the

          present matter and the occurrence forming the subject matter of

          Mohanpur P.S. Case No. 86 of 2024 and in that circumstances, it

          was not possible for the appellant and the co-accused to commit

          the alleged offence of rape with the informant and all these facts

          clearly show that the FIR was lodged by the informant with

          malicious intention in order to create a defence in the cross-case
Patna High Court CR. APP (SJ) No.2709 of 2025(12) dt.17-06-2026
                                             3/4




          and the learned court below has taken cognizance in mechanical

          manner without appreciating all these facts.

                       4. Learned APP appearing for the State has opposed

          the prayer of the appellant and submits that in the case diary

          which is available before this court, there are sufficient

          materials to attract the commission of the alleged offences and it

          is an admitted position that the fardbeyan of the victim was

          recorded in Surgical Ward of the hospital, though there was

          some delay in the registration of the FIR but the same was

          procedural in nature as the fardbeyan of the informant was

          recorded on 08.09.2024 and before that the victim had remained

          under treatment at the Primary Health Center from where she

          was referred to G.M.C.H., Purnea and further, the defence taken

          by the appellant requires appreciation of evidence during trial

          and at this stage, there are sufficient prima facie materials to

          justify the order taking cognizance.

                       5. Heard both the sides and perused the order

          impugned and the FIR and the case diary of the present matter

          as well as of Mohanpur P.S. Case No. 86 of 2024 lodged by the

          father of the appellant, this court finds that though the defences

          raised by the appellant as discussed above are relevant and

          important but the same require evidentiary scrutiny during trial
              Patna High Court CR. APP (SJ) No.2709 of 2025(12) dt.17-06-2026
                                                           4/4




                        and only thereafter a proper conclusion can be made and one

                        thing is quite clear that the informant/victim recorded her

                        fardbeyan in the hospital and if the FIRs of both the cases are

                        taken into account then one thing is also clear that the victim

                        and the appellant were in close proximity during the relevant

                        period of time as there was a gap of only about two hours

                        between the commission of the two occurrences. Further, during

                        the investigation, some witnesses have supported the allegations

                        of the informant. Considering all these facts, this court does not

                        find it appropriate to set aside the order of the learned trial court

                        taking cognizance of the alleged offences against the appellant

                        and finds no merit in this appeal, the appeal stands dismissed.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.