Patna High Court
Langesh Kumar @ Angesh KumarversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application to quash the order of cognizance is dismissed as charges have been framed and the trial is underway.
Summary
The petitioner, Langesh Kumar, filed an application seeking to set aside the order of cognizance dated 29 June 2016, issued by the Additional Chief Judicial Magistrate‑XIII, Motihari under Section 387 of the Indian Penal Code in connection with a ransom‑demand case. The prosecution alleged that an unknown caller threatened the branch manager of a bank and demanded a ransom of Rs. 20 lakh. The petitioner contended that he was innocent and no offence was committed. The State opposed the petition, pointing out that charges had already been framed and the trial had commenced, with the informant examined. The High Court observed that once charges are framed and trial is in progress, the order of cognizance cannot be quashed, and consequently dismissed the petition.
Issues considered
- Whether the order of cognizance dated 29‑06‑2016 under Section 387 IPC can be set aside when charges have been framed and trial has commenced
Legislation cited
- Indian Penal Code — s. 387
Subjects
- Section 387 IPC
- order of cognizance
- quash petition
- criminal procedure
- trial commencement
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44138 of 2016
Arising Out of PS. Case No.-209 Year-2015 Thana- CHAKIA District- East Champaran
======================================================
Langesh Kumar @ Angesh Kumar son of Mohan Singh Resident of Village-
Gawandra, P.S.- Chakia, District- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Kumar Gupta
For the Opposite Party/s : Mr.Sri Dilip Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. This application has been filed on behalf of the
petitioners for setting aside/quashing the order of cognizance
dated 29.06.2016 by which the Additional Chief Judicial
Magistrate-XIII, Motihari took cognizance under Section 387 of
the Indian Penal Code against the petitioner in connection with
Chakia P.S. Case No. 209 of 2015/ Tr. No. 1622/2016.
3. As per the prosecution case, an unknown caller
contacted the informant (Branch Manager of U.B.G. Bank,
Rajpur Branch) at 5:11 PM, demanding 20 lacs ransom and
threatening to kill the informant’s son while inquiring about his
daughter Pinki.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.44138 of 2016(5) dt.13-01-2026
2/2
petitioners is innocent and has committed no offence.
5. Learned counsel for the O.P. No. 2 at the very
outset submits that in this case charges have been framed and
the trial has started and the informant has been examined.
6. Learned counsel for the State has vehemently
opposed the prayer of the petitioner.
7. Considering the fact that the charges have been
framed and trial has started, this application is dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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