Prem Kumar Mishra @ Prem Mishra v. The State of Bihar
CR. APP (SJ)/710/2024 · 2025-07-10
Nawneet Kumar Pandey
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17307 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17307 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.710 of 2024 Arising Out of PS. Case No.-83 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== Prem Kumar Mishra @ Prem Mishra S/o Late Dinanath Mishra R/o Vill - Banahi, P.S. - Shahpur, Dist. - Bhojpur ... ... Appellant/s Versus
1. The State of Bihar
2. Uma Shankar Ram S/o Late Sipahi Ram R/o Vill - Rampur, P.S. - Nawanagar, Dist. - Buxar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Dhirendra Singh For the Respondent/s : Mr.Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 5 10-07-2025 Heard the parties.
2. The present appeal has been filed for quashing the
order dated 19.07.2023 passed by the court of learned Additional District Judge-1 cum Special Judge (SC/ST Act), Buxar in SC/ST Case No. 80/2022 (arising out of Koren Sarai P.S Case No. 83 of 2022) whereby and where under the learned court has took cognizance of the offences under sections 341, 323, 504, 506 read with section 34 of the Indian Penal Code and sections3(1) (r)(s), 3(2) (va) of the SC/ST (POA) Act and issue summon / notice to the appellant to appear and face the trial.
3. Learned counsel for the appellant has submitted that the present case has been lodged by the informant at the instigation of one Pradip Kumar Pandey (Sadhu) of the
Patna High Court CR. APP (SJ) No.710 of 2024(5) dt.10-07-2025 2/2 appellant. Said Pradip Kumar Pandey had a dispute with his wife and his wife has lodged cases against him. Pradip Kumar Pandey was making pressure on the appellant to persuade his wife to withdraw those cases. It is the reason that the appellant has falsely been implicated in the present case.
4. On the other hand, learned counsel for the informant has submitted that earlier the appellant had challenged the same impugned order in Cr. Misc. No. 78450 of 2023 and vide order dated 23.01.2024, it was withdrawn and a liberty was granted to him to raise the matter at an appropriate stage.
5. This criminal appeal is disposed of with the observation that the appellant may raise his grievance(s) at the stage of framing of charges.
6. With these observations, this Cr. Appeal (SJ) is
disposed of.
Nirmal/- (Nawneet Kumar Pandey, J) U T