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Patna High Court

Vijay Yadav @ Vijay Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the trial court’s order taking cognizance and directed a fresh consideration of cognizance after proper examination of the case diary and protest petition.

Summary

The appellants were charged under the SC/ST (Prevention of Atrocities) Act and several IPC sections for alleged offences arising out of a land dispute with the respondent. The trial court took cognizance of the offences despite the police investigation finding no substantive evidence and most witnesses not supporting the complaint. The appellants argued that the trial court ignored the investigation report, failed to examine material witnesses and the protest petition filed by the respondent, and mechanically proceeded to take cognizance. The respondent contended that the order was proper, citing a land‑measurement dispute and alleged obstruction and assault by the appellants. The High Court examined the FIR, case diary and the procedural lapses, concluded that the trial court’s approach was flawed, set aside the order taking cognizance and directed the trial court to re‑examine the materials before deciding on cognizance. Consequently, the application seeking quash of the order was allowed.

Issues considered

  • Whether the trial court correctly exercised cognizance of offences under the SC/ST (Prevention of Atrocities) Act and IPC despite the lack of corroborative evidence and witness testimony.
  • Whether the procedural requirement to consider the protest petition and examine all material witnesses was complied with.
  • Whether the order taking cognizance should be set aside for being a mechanical and prejudiced exercise of jurisdiction.

Legislation cited

Subjects

  • SC/ST Act
  • land dispute
  • cognizance of offences
  • procedural fairness
  • criminal procedure
  • false complaint
  • scheduled caste
  • IPC offences
  • protest petition

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.4010 of 2024
              Arising Out of PS. Case No.-16 Year-2022 Thana- SC/ST District- Purnia
     ======================================================
1.    Vijay Yadav @ Vijay Kumar Yadav Son of Late Dorik Yadav Resident of
      village- Kachahri Balua, Rahika Tola P.S.- Sarsi, District - Purnea.
2.   Anmol Yadav son of Late Janaklal Yadav Resident of village- Kachahri
     Balua, Rahika Tola P.S.- Sarsi, District - Purnea.
3.   Vidyanand Yadav Son of Late Janaklal Yadav Resident of village- Kachahri
     Balua, Rahika Tola P.S.- Sarsi, District - Purnea.
4.   Rakesh Yadav @ Rakesh Kumar son of Anmol Yadav Resident of village-
     Kachahri Balua, Rahika Tola P.S.- Sarsi, District - Purnea.
5.   Mithlesh Yadav @ Mithlesh Kumar son of Tej Narayan Yadav Resident of
     village- Kachahri Balua, Rahika Tola P.S.- Sarsi, District - Purnea.
6.   Tej Narayan Yadav @ Tej Yadav Son of Late Janaklal Yadav Resident of
     village- Kachahri Balua, Rahika Tola P.S.- Sarsi, District - Purnea.
7.   Sanjay Yadav @ Sanjay Kumar Son of Late Prithwi Yadav Resident of
     village- Kachahri Balua, Rahika Tola P.S.- Sarsi, District - Purnea.
8.   Sitaram Yadav @ Teni Yadav @ Dev Narayan Yadav son of Late Mathuri
     Yadav Resident of village- Kachahri Balua, Rahika Tola P.S.- Sarsi, District
     - Purnea.
9.   Janardan Yadav @ Janrdan Yadav Son of Late Prasadi Yadav Resident of
     village- Kachahri Balua, Rahika Tola P.S.- Sarsi, District - Purnea.
10. Mala Devi Wife of Anmol Yadav Resident of village- Kachahri Balua,
    Rahika Tola P.S.- Sarsi, District - Purnea.
11. Pratima Devi Wife of Vidyanand Yadav Resident of village- Kachahri Balua,
    Rahika Tola P.S.- Sarsi, District - Purnea.
12. Renu Devi Wife of Vijay Yadav @ Vijay Kumar Yadav Resident of village-
    Kachahri Balua, Rahika Tola P.S.- Sarsi, District - Purnea.
                                                                ... ... Appellant/s
                                      Versus
1. The State of Bihar
2.   Phulo Devi Wife of Gajadhar Rishi Resident of village- Kachahri Balua,
     Rahika Tola P.S.- Sarsi, District - Purnea.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :        Mr.Ram Prawesh Kumar, Adv.
                                       Mr. Ambrish Kumar, Adv.
                                       Mr. Avnish Kumar, Adv.
     For the State           :         Mr. Sadanand Paswan, APP
     For the respondent no.2 :         Mr. Kumar Praveen, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                           ORAL ORDER
          Patna High Court CR. APP (SJ) No.4010 of 2024(11) dt.25-06-2026
                                                       2/5




11   25-06-2026                  Heard the parties.

                                 2. The instant appeal has been preferred under section

                    14(A) of the Scheduled Castes and Scheduled Tribes

                    (Prevention of Atrocities) Act, 1989 with a prayer to quash the

                    order dated 04.06.2024 passed by the learned Additional

                    Sessions Judge-I-cum- Special Judge, SC/ST Act, Purnea in

                    Special SC/ST Case No. 16 of 2022 whereby and whereunder

                    cognizance of the offences under sections 147, 323, 341, 447,

                    504, 506 of the IPC and section 3(i) (r) (s) of the SC/ST Act has

                    been taken against the appellants.

                                 3. Mr. Ram Prawesh Kumar, Learned counsel for the

                    appellants submits that the respondent no.2 filed complaint case

                    against 12 persons which was sent to the police for investigation

                    and after investigation the police did not find any substance in

                    the allegations levelled by the respondent no.2 and consequently

                    submitted final form in favour of the appellants but thereafter

                    mainly taking into account the restatement of respondent no.2

                    and the statement of her son, cognizance of the alleged offences

                    has been taken against the appellants without perusing the other

                    relevant materials available in the case diary and during

                    investigation the material witnesses who were examined by the

                    I.O. did not support the allegations of the respondent no.2 rather,
Patna High Court CR. APP (SJ) No.4010 of 2024(11) dt.25-06-2026
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          they stated that there was a land dispute between the respondent

          no.2 and the State Government and since the appellants’ land is

          situated adjacent to the land in question, so, they are being

          harassed by the respondent no.2 through the institution of a

          frivolous complaint.

                       4. On the other hand, Mr. Kumar Praveen, learned

          counsel for the respondent no.2 submits that the order impugned

          has rightly been passed and the land in question was settled in

          favour of the respondent no.2 and others which is presently

          under the possession of the appellants and for demarcation of

          the said settled land an application was filed by the husband of

          respondent no.2 upon which Anchal Amin came and started

          measuring it but the appellants and others started creating

          obstacle in the process of measurement and later abused and

          assaulted the prosecution party and thereafter on the basis of

          Anchal Amin’s report the Public Grievance Redressal Officer

          passed an order dated 27.12.2018 giving strict direction for

          measurement of the land and also directed to take strict legal

          action against the appellants if they again create obstacle in the

          process of measurement and consequently on the alleged date

          and time of the occurrence the appellants entered into the house

          of respondent no.2 and committed the alleged offences and there
Patna High Court CR. APP (SJ) No.4010 of 2024(11) dt.25-06-2026
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          are sufficient materials to attract the alleged offences of which

          cognizance has been taken.

                       5. I have heard both the sides and perused the order

          impugned, the FIR which is based on the complaint of

          respondent no. 2 as well as case diary pertaining to the said P.S.

          Case.

                       6. From the above submissions one thing is quite clear

          that on the alleged date and time of the occurrence there was a

          land dispute between both the parties and the respondent no.2

          filed her complaint against 12 persons without disclosing their

          specific role in the commission of the alleged occurrence except

          the appellant no.1, Vijay Yadav and during investigation most of

          the witnesses except respondent no.2, her husband and her son

          stated nothing with regard to the allegations levelled by the

          respondent no.2 in her complaint. Surprisingly, the I.O. did not

          examine the witnesses cited in the complaint and in the protest

          petition which is said to have been filed by the respondent no.2,

          a copy of which has been filed by the learned counsel for the

          respondent no.2 at the time of hearing before this court, there is

          no details of examination of the witnesses cited by the said

          respondent no.2 in her complaint. It is also very surprising that

          while taking cognizance of the alleged offences the learned trial
            Patna High Court CR. APP (SJ) No.4010 of 2024(11) dt.25-06-2026
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                      court did not pass any order on the protest petition filed by the

                      respondent no.2 which was on record at that time and all theses

                      facts and circumstances show the mechanical approach of the

                      trial court, so, the impugned order requires interference from

                      this court, hence, it stands set aside and the trial court is directed

                      to pass a fresh order on the point of cognizance after taking into

                      account the relevant materials available in the case diary as well

                      as examining the protest petition filed by respondent no.2

                      without being prejudiced by this order according to merit.

                                   7. In the result, the instant application stands allowed.



                                                (Shailendra Singh, J)
BKS/-

U       T


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