Patna High Court
Ramashankar Bind @ Ramashankar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The High Court will not interfere with the order taking cognizance as the trial has already commenced.
Summary
Ramashankar Bind challenged a 2022 order of the Chief Judicial Magistrate in Kaimur that took cognizance against him under IPC sections 366A and 494. The magistrate had committed the case for trial, and it was pending before the Additional Sessions Judge with no prosecution witnesses appearing. The petitioner argued that the High Court should set aside the cognizance order because the trial was already underway. The Patna High Court held that, since the trial had commenced and was at the evidence stage, it would not interfere with the lower court’s order. Consequently, the petition was dismissed.
Issues considered
- Whether the High Court can interfere with an order taking cognizance of offences under Sections 366A and 494 IPC when the trial is already in progress
Legislation cited
- Indian Penal Code — s. 366A, 494
Subjects
- cognizance
- trial stage
- interference
- IPC Section 366A
- IPC Section 494
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73293 of 2024
Arising Out of PS. Case No.-552 Year-2014 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Ramashankar Bind @ Ramashankar Prasad Son of Rajnath Bind Resident of
Village- Khajuriya, PS- Sonhan, Distt.- Kaimur (Bhabhua)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Saroj Kumari Resident of Room No. 15/19, Gangeshar Street, Village-
Subbanickenpudur (udayampalayam), P.O.- Chnavedampatti, P.S.-
Shravanapatti, Distt.- Coimbatore, Tamilnadu (Chennai)
3. Ram Awadh Yadav Resident of Village- Sathri, PS- Sonhan, Distt.- Kaimur
(Bhabhua)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudarshan Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has challenged the order taking
cognizance dated 22.02.2022 passed in Bhabhua P.S. Case No.
552 of 2014 by learned Chief Judicial Magistrate, Kaimur at
Bhabua wherein the cognizance has been taken against the
petitioner under Section 366A and 494 of the Indian Penal
Code.
3. The petitioner has pleaded in paragraph no. 9 which
is as follows:-
9. That vide order dated 24.02.2023, the
Patna High Court CR. MISC. No.73293 of 2024(2) dt.30-03-2026
2/2
learned Chief Judicial Magistrate has
committed the case for Sessions Trial.
At present, the case is pending at the
stage of evidence in the Court of
Additional Sessions Judge-III, Kaimur
at Bhabhua in Sessions Trial No.
104/2023. Since commitment, no
prosecution witness has ever turned up
in this case.
4. In view of the fact that the trial has commenced and
the matter is at the stage of trial, this Court is not inclined to
interfere with the impugned order taking cognizance at this
stage.
5. Accordingly, the present application stands
dismissed.
(Praveen Kumar, J)
Jyoti/-
U T
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