Patna High Court
PUNAM DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Second cognizance is not permissible and the order taking such cognizance is quashed.
Summary
The petitioners sought to quash the order dated 25.02.2021 of the Additional Session Judge which had taken cognizance of offences under sections 363, 366A, 376/34 of the IPC and section 4 of the POSCO Act against them in a kidnapping case. The complaint was lodged by Sintu Kumar Pandit alleging that his daughter was kidnapped by the petitioners. The trial court had earlier taken cognizance against another accused on 18.03.2020 and later took a second cognizance against the petitioners. The High Court held that a second cognizance is impermissible once cognizance has already been taken, and therefore the order was invalid. Consequently, the Court quashed the order and directed the prosecution to seek addition of accused under Section 319 Cr.P.C. or Section 358 of the BNSS Act if evidence warrants. The petitioners' application was allowed.
Issues considered
- Whether a second cognizance can be taken after cognizance has already been taken in the same case
- Whether the order taking cognizance against the petitioners is valid
- Whether the order dated 25.02.2021 can be quashed
Legislation cited
- BNSS Act — s. 358
- Code of Criminal Procedure, 1973 — s. 319
- Indian Penal Code — s. 34, 363, 366A, 376
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- kidnapping
- cognizance
- quash order
- criminal procedure
- IPC
- POSCO Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37219 of 2021
Arising Out of PS. Case No.-395 Year-2019 Thana- KORHA District- Katihar
======================================================
1. Punam Devi W/O Akhilesh Mandal R/O Village-Musapur, P.S-Korha,
District-Katihar.
2. Udesh Kumar S/O Akhilesh Mandal R/O Village-Musapur, P.S-Korha,
District-Katihar.
3. Abhishek Kumar S/O Akhilesh Mandal R/O Village-Musapur, P.S-Korha,
District-Katihar.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sintu Kumar Pandit S/O Late Ramsevak Pandit R/O Village-Musapur, P.S-
Korha, District-Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-01-2026 Heard the learned counsel for the petitioners and the
learned APP for the State. Despite valid service of notice, none
appears for the O.P. No. 2.
2. This application has been filed for quashing the
order dated 25.02.2021 passed by the Ld. Addl. Session Judge
VII cum Special Judge, Katihar in G.R. No.4507/2019
corresponding to Korha P.S. Case No. 395/19, whereby
cognizance for offence u/s. 363, 366A, 376/34 of IPC and
Section 4 of POSCO Act was taken.
3. The brief facts of the case are that Sintu Kumar
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Pandit (O.P. No. 2) filed a written complaint with the police
stating that on 03.10.2019, he had gone to Lohapur for masonry
work while his wife, Neelam Devi, went to the fields. When
Neelam Devi returned home around 3:00 P.M., she found their
elder daughter, Kajal Kumari (the victim), missing. Upon
inquiring with their younger daughter, Laxmi Kumari, Neelam
Devi came to know that around 12:00 P.M., Punam Devi
(Petitioner No. 1) had called the victim to her house, after which
she had not returned. Neelam Devi then informed O.P. No. 2
about this. The complaint further states that 8–10 days earlier,
Udesh Kumar (Petitioner No. 2), Abhishek Kumar (Petitioner
No. 3), Sunny Kumar, and Monu Kumar had threatened to
kidnap the victim, but the villagers had intervened and pacified
the situation, so no complaint was lodged at that time. It is
alleged that all the aforementioned individuals are involved in
the kidnapping of the victim.
4. On the aforesaid written information, F.I.R. bearing
Korha P.S. Case No. 395/2019 was lodged on 04.10.2019
against all the above named persons for offence u/s 363, 366,
506/34 of Indian Penal Code and thereafter the police started
investigation.
5. Initially the cognizance was taken against one
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Nathu Mahaldar on 18.03.2020. Though the case of the
petitioners stands on a different footing, the Court below relying
on the earlier order dated 18.03.2020 has taken the cognizance
against the petitioners.
6. In the opinion of this Court, second cognizance is
not permissible, therefore, the present application stands
allowed with liberty to the prosecution to file an application
under Section 319 Cr.P.C./ 358 BNSS for summoning of
additional accused if the evidence appears in the trial.
7. Accordingly, the order dated 25.02.2021 passed by
the Ld. Addl. Session Judge VII cum Special Judge, Katihar in
G.R. No.4507/2019 corresponding to Korha P.S. Case No.
395/19 is hereby quashed.
(Sandeep Kumar, J)
Shishir/-
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