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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

The High Court granted the petitioner liberty to challenge the Special Court’s order of cognizance.

Summary

The petitioner, Sunil Kumar, filed an application seeking liberty to challenge the order of cognizance taken by a Special Court under the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner argued that the Special Court had improperly assumed jurisdiction over the offences alleged. The learned counsel for the petitioner requested that the High Court permit a challenge to the Special Court’s cognizance order. The Court examined the procedural aspect of the petition and found no impediment to granting such liberty. Consequently, the Court disposed of the application by granting the requested liberty, while expressly stating that it did not pass any view on the merits of the underlying criminal case.

Issues considered

  • The petitioner’s right to obtain liberty from the High Court to challenge the Special Court’s order taking cognizance under the IPC and the SC/ST Act.

Legislation cited

Subjects

  • cognizance
  • special court
  • procedural liberty
  • IPC
  • SC/ST Act
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1546 of 2025
                   Arising Out of PS. Case No.-10 Year-2024 Thana- ARWAL MAHILA District- Jehanabad
                  ======================================================
                  Sunil Kumar Son of Nand Kishore Prasad Resident of Village - Baidrabad,
                  P.S. - Arwal, District - Arwal

                                                                                  ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    Nisha Kumari Daughter of Parmanand Rathour Resident of Village -
                  Akaurhi Gola, Kanya Vidyalaya, P.S. - Akaurhi Gola, District - Rohtas. At
                  present resident of Village - Banauli Bigha, P.S. and District - Arwal

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Ashok Kumar
                  For the Opposite Party/s :      Mr.Usha Kumari 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    31-03-2026                  Learned counsel for the petitioner has submitted that

                    cognizance has been taken by the Special Court under the

                    offence of I.P.C. and also under the SC/ST Act and prays for

                    grant of liberty to challenge the order taking cognizance by the

                    Special Court under appropriate form.

                                 2. This application is disposed of with the aforesaid

                    liberty.

                                 3. It is clarified that this Court has not expressed any

                    opinion on the merits of this case.



                                               (Praveen Kumar, J)
shivam/-
U


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