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Patna High Court

PUNAM DEVIversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.37219 of 2021(5) dt.27-01-2026
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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
            Patna High Court CR. MISC. No.37219 of 2021(5) dt.27-01-2026
                                                        3/3




                      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/-

U


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