Patna High Court
Dharmendra kumar pandit @ Dharmendra PanditversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
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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