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Patna High Court

Ramashankar Bind @ Ramashankar PrasadversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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