Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- PRAVEEN KUMAR
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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