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2025 DAILYLAW 89087 (PAT)

CHHOTU KUMAR @ ADITYA KUMAR v. The State of Bihar

CR. APP (SJ)/108/2024 · 2025-01-23

Rajiv Roy

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.108 of 2024 Arising Out of PS. Case No.-788 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== CHHOTU KUMAR @ ADITYA KUMAR S/O RATAN SINGH R/O VILLAGE- SANHAULI, ARD NO. 8, P.S- CHITRAGUPTA NAGAR, DISTT.- KHAGARIA. ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : None For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 23-01-2025 No one appears on behalf of the petitioner though Mr. Sadanand Paswan, learned Spl.P.P. is present. 2. The present appeal has been preferred for setting aside/quashing the order dated 12.09.2023 passed by Learned Additional Sessions Judge 1 Khagaria in Khagaria (Chitragupta Nagar) P.S. Case No. 788/22 corresponding to S.C/S/T G.R No. 55/2022 whereby and where under learned Judge was pleased to refuse the prayer of the appellant to discharge them for offences punishable under sections 341/323/354/504/506 of the Indian Penal Code as well as U/S 3(1)(r)(s) SC/ST Act and the appellants were directed to be present in the Court on 18.10.2023 so that charges be framed. 3. In absence of the learned counsel for the appellant Patna High Court CR. APP (SJ) No.108 of 2024(3) dt.23-01-2025 2/2 the State has assisted the Court. 4. Learned Spl.P.P. has pointed out that the informant alleged that while she was going to attend the nature’s call, the appellant obstructed her, caught her saree and also tried to outrage her modesty beside taking the caste name. Upon protest, she was assaulted by the bamboo stick and as the villagers came, he disappeared. 5. He next submits that charge-sheet submitted cognizance taken, the appellant has come against his rejection of the discharge petition which was passed way back in the year 2023 (12.09.2023). 6. Though there is force in the submission of learned Spl.P.P., since no one appears on behalf of the appellant, the same is dismissed for non-prosecution. Adnan/- (Rajiv Roy, J) U T