Patna High Court
Sangeeta Kumari @ Sangeeta DeviversusThe State of Bihar through the Principal Secretary, Dept.of Home, govt. of Bihar, Main Secretariat
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court disposed the petition without expressing any view on the merits of the challenge to the order taking cognizance.
Summary
The petitioners, a family of Wakil Kumar, filed an application before the Patna High Court challenging the order taking cognizance of a criminal case after the investigation had been completed. They argued that the passage of time rendered the order improper and sought its setting aside. The State and its officials were represented by the Director General of Police and other officials. The court, after hearing counsel, allowed the prayer filed by the petitioners but clarified that it was not expressing any opinion on the merits of the underlying criminal case. Consequently, the application was disposed of without a substantive ruling on the challenge to the cognizance order.
Issues considered
- Whether an order taking cognizance can be challenged after the investigation has concluded
Subjects
- Criminal Procedure Code
- Cognizance
- Investigation
- High Court
- Petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40595 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- MAHILA P.S. District- Saharsa
======================================================
1. Sangeeta Kumari @ Sangeeta Devi wife of Wakil Kumar R/o Khajuri Ward
No. 19, P.S. -Baijnathpur District -Saharsa
2. wakil Kumar son of Ghuran Yadav @ Ghoran Yadav R/o Khajuri Ward No.
19, P.S. -Baijnathpur District -Saharsa
3. Harsh Kumar @ Utpal Anand son of Wakil Kumar R/o Khajuri Ward No.
19, P.S. -Baijnathpur District -Saharsa
4. Satyajeet Anand @ Honey son of of Wakil Kumar R/o Khajuri Ward No. 19,
P.S. -Baijnathpur District -Saharsa
5. Rampukar Yadav @ Rajeev Ranjan son of Ghuran Yadav @ Ghoran Yadav
R/o Khajuri Ward No. 19, P.S. -Baijnathpur District -Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Dept.of Home, govt. of
Bihar, Main Secretariat Patna, Bihar
2. The Director General of Police, Govt. of Bihar Main Secretariat, Patna bihar
3. The Superintendent of Police, Saharsa, Dist- Saharsa bihar
4. The Station House Officer, Mahila Ps, Saharsa, Dist- Saharsa bihar
5. The Investigating Officer of the Mahila Ps Case no. 6 of 2025 dated
21.02.2025 dist- Saharsa bihar
6. Sakshi Yaduvanshi @ Sakshi Kumari Daughter of Ratnesh Yadav village-
Ghoghanpatti, Ward no. 4, Ps- Patarghat, Dist- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Mandal, Adv
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 03-04-2026 At the very outset learned counsel for the petitioner
has submitted that by passage of time the investigation has been
concluded followed by order taking cognizance and hence he
intends to challenge the order taking cognizance.
2. Prayer is allowed.
Patna High Court CR. MISC. No.40595 of 2025(2) dt.03-04-2026
2/2
3. This application is disposed of with the aforesaid
liberty.
4. It is made clear that this Court has not expressed
my opinion on the merits of this case.
(Praveen Kumar, J)
niku/-
U T
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