IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2148 of 2024 Arising Out of PS. Case No.-68 Year-2015 Thana- MADHEPURA District- Madhepura ====================================================== 1. Sikandar Yadav SON OF MOTI YADAV R/O VILLAGE-MADHEPURA, WARD NO.13, P.S. AND DIST- MADHEPURA 2. RAVINDRA YADAV @ RAVINDRA KUMAR RAVI @ RAVINDRA KUMAR SON OF MOTI YADAV R/O VILLAGE-MADHEPURA, WARD NO.13, P.S. AND DIST- MADHEPURA 3. SUSHILA DEVI @ SUSHILA KUAMRI WIFE OF SIKANDRA YADAV R/O VILLAGE-MADHEPURA, WARD NO.13, P.S. AND DIST- MADHEPURA 4. SHAMBHU YADAV @ SHAMBHU SARAN S/O ARUN YADAV R/O VILLAGE- PARSI, P.S.- GWALPARA, DIST- MADHEPURA ... ... Appellant/s Versus 1. The State of Bihar BIHAR 2. SMT. INDRA DEVI WIFE OF VIJAY RAM R/O VILLAGE- NEAR JAGJIVAN ASHRAM, WARD NO.13, MADHEPURA, P.S. AND DIST- MADHEPURA ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sharda Nand Mishra, Adv. Mr. Atul Kumar, Adv. Mr. Dhandev Kumar, Adv. Mrs. Isha Mishra, Adv. For the State : Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 8 22-07-2025 Heard the learned counsel for the appellants as well as the learned APP for the State. 2. The present appeal has been filed for setting aside the order dated 01.02.2023 passed by 1st Additional District & Session Judge-Cum-Special Judge, SC/ST Act Madhepura in Madhepura PS Case No. 68/2015, S.C/S.T Case No.04/2023 by which learned Additional District & Session Judge-Cum-Special Patna High Court CR. APP (SJ) No.2148 of 2024(8) dt.22-07-2025 2/4 Judge has been pleased to took cognizance u/s 323, 452, 504, 34 of IPC and u/s 3 (i) (x) S.C/ST Act. 3. While assailing the order dated 01.02.2023, whereby cognizance was taken against the appellants under Sections 323, 452, 504, 34 of the IPC and Section 3(i)(x) of the SC/ST Act, learned counsel for the appellants has submitted that Annexure-4 and Annexure-7 show that the appellants had purchased a piece of land adjacent to the land of the complainant. The complaint petition itself shows that there is some dispute regarding the opening of a window in the newly built house of the complainant. Annexure-5 is a notice sent by the Executive Officer, Nagar Parishad, Madhepura, to the complainant/informant, expecting her to be present on the date and time specified therein for demarcation of the land. Exhibit-7 is the report submitted by the Amin, Nagar Parishad, wherein it has been mentioned that the appellant has purchased a piece of land from the same plot which was in possession of the informant. 4. Learned counsel has further submitted that these documents show that it is a case of civil dispute and the provisions of the SC/ST Act are not attracted. He has further submitted that the mandate given by the Hon’ble Supreme Patna High Court CR. APP (SJ) No.2148 of 2024(8) dt.22-07-2025 3/4 Court in the case of Priyanka Srivastava and Anr. vs. State of Uttar Pradesh & Ors., reported in (2015) 6 SCC 287, has not been followed and that the mandatory provisions were not complied with. The FIR was lodged on the basis of the complaint petition. He has also submitted that during investigation, the investigating authorities did not find material against the appellants and submitted final form, but without any basis, the learned court below has taken cognizance. 5. On the other hand, learned counsel for the informant has submitted that the appellants intentionally, intimidated and humiliated the complainant/informant in a public view, as such, the provisions of the SC/ST Act are attracted. 6. The materials, available on record, show that it is a matter of civil litigation and the occurrence did not take place due to malicious feeling of caste. 7. In my view, the provisions of the SC/ST Act are not attracted. 8. On the basis of the above-mentioned observations, the cognizance taken by the learned court below under the provisions of Section 3(i)(x) of the SC/ST Act is hereby quashed. So far as the other Sections of the IPC are concerned, Patna High Court CR. APP (SJ) No.2148 of 2024(8) dt.22-07-2025 4/4 there shall be no interference with the order. 9. Accordingly, the appeal is disposed of. Nirmal/- (Nawneet Kumar Pandey, J) U T