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Patna High Court

Dharmendra kumar pandit @ Dharmendra PanditversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application is dismissed as the court has no jurisdiction to entertain it at this advanced stage of the proceedings.

Summary

The petitioners, three members of the Pandit family, filed a petition challenging the order of the trial court that had taken cognizance of the criminal case against them, an order which had been upheld by the revisional court. They argued that the order should be set aside. The State and a second opposite party, Sindhu Devi, were represented and opposed the petition. The court noted that the case had progressed to the stage where charges had already been framed, indicating a substantial change in the procedural posture. Considering this advancement, the court held that it no longer had jurisdiction to entertain the petition challenging the cognizance order. Consequently, the application was dismissed.

Issues considered

  • Whether a petition challenging the order taking cognizance is maintainable after charges have been framed

Subjects

  • Criminal Procedure Code
  • cognizance
  • revision
  • jurisdiction
  • dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61203 of 2025
                   Arising Out of PS. Case No.-180 Year-2020 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
           1.     Dharmendra kumar pandit @ Dharmendra Pandit Son of Late Swami
                  Narayan Pandit R/o Village - Panditpur, P.S. - Buxar(Muffasil), Dist. -
                  Buxar.
           2.    Radheshyam Pandit @ Munni Pandit Son of Late Swami Narayan Pandit
                 R/o Village - Panditpur, P.S. - Buxar(Muffasil), Dist. - Buxar.
           3.    Ankit Pandit Son of Dharmendra Kumar Pandit @ Dharmendra Pandit R/o
                 Village - Panditpur, P.S. - Buxar(Muffasil), Dist. - Buxar.
                                                                             ... ... Petitioners
                                                    Versus
           1.    The State of Bihar
           2.     Sindhu Devi Wife of Basuki Nath Pandit R/o Village - Panditpur, P.O. -
                  Nadawn, P.S. - Buxar(Muffasil), Dist. - Buxar.
                                                                   ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anil Kumar Roy
                 For the Opposite Party/s :      Mr.Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   09-04-2026                     Heard learned counsel for the petitioners, learned

                   counsel for the State and learned counsel for opposite party

                   No.2.

                                2. The petitioners have challenged the order taking

                   cognizance, which has been upheld by the revisional court.

                   Upon query from learned counsel for the petitioners as regards

                   the present stage of the case, learned counsel for the petitioners

                   has submitted that charges have been framed in this case.

                                3. Considering the facts and circumstances and the

                   fact that the stage of the case has considerably changed, this

                   Court has no option but to dismiss this application.
          Patna High Court CR. MISC. No.61203 of 2025(2) dt.09-04-2026
                                                      2/2




                                 4. This application is accordingly dismissed.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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