Patna High Court
SHANKAR RAM @ SHIV SHANKAR RAMversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The application to quash the order of cognizance is dismissed, with the petitioner directed to raise any defence at the charge‑framing stage before the Special Judge.
Summary
Shankar Ram, the petitioner, sought to quash a magistrate's order of cognizance dated 01‑12‑2018 that had taken cognizance of offences under IPC sections 363 and 366(A) and Section 8 of the POCSO Act. He argued that he was merely the uncle of the main accused and had no role in the alleged crime. The State opposed, contending that the case involved the POCSO Act and the order could not be quashed at this stage. The Court held that the petitioner may raise all grounds of defence at the charge‑framing stage before the Special Judge, who will decide within a month, and dismissed the application for quash. The order was directed to be communicated to the Principal District and Sessions Judge for compliance.
Issues considered
- Whether the order of cognizance under IPC and the POCSO Act can be quashed at the pre‑charge stage when the petitioner is only a relative of the accused.
- Whether the petitioner may raise his defence at the charge‑framing stage before the Special Judge.
Legislation cited
- Indian Penal Code — s. 363, 366(A)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- quash order of cognizance
- POCSO Act
- IPC
- special judge
- charge framing
- relative of accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19113 of 2019
Arising Out of PS. Case No.-502 Year-2018 Thana- SHEKHPURA District- Sheikhpura
======================================================
Shankar Ram @ Shiv Shankar Ram Son of Radhey Ram Resident of Village -
Mahadeo Nagar, P.S- Sheikhpura, Distt.- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Advocate
For the State : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present application has been filed for quashing
the order dated 01.12.2018 passed in connection with
Sheikhpura P.S. Case No. 502 of 2018 whereby the learned
Magistrate has taken cognizance against the petitioner for the
offence under Sections 363 and 366(A) of the Indian Penal
Code and Section 8 of the POCSO Act.
3. The present application has been filed by the
petitioner for quashing the impugned order of cognizance.
4. Learned counsel for the petitioner submits that
there is no allegation against the petitioner as he is the uncle
(phupha) of the main accused Dinesh Kumar and he has no role
in the crime.
5. Learned APP has opposed this application and has
submitted that since it is case under POCSO Act, the cognizance
Patna High Court CR. MISC. No.19113 of 2019(2) dt.19-01-2026
2/2
order may not be quashed against the petitioner at this stage.
6. After having considered the submissions of the
parties, I am of the view that the petitioner may raise all the
grounds at the stage of framing of charge and if such an
application is filed, the same shall be considered by the Special
Judge and decided within one month of the filing of the
application.
7. The Special Judge will pass a reasoned order in
light of the law laid down by the Hon’ble Supreme Court in the
case of Kanchan Kumar Vs. State of Bihar reported in (2022)
9 SCC 577, after considering the allegations and the materials
available on record and also consider the fact that the petitioner
is distantly related and apparently no role has been assigned to
the petitioner in the FIR as well as the investigation.
8. With the aforesaid observations and directions this
application stands dismissed.
9. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Sheikhpura forthwith
through FAX or e-mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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