In Aditya Anand vs. The State of Bihar & Ors. (2025), Supreme Court's Division Bench of Justices M.M. Sundresh and K. Vinod Chandran passed an order dated July 3, 2025 wherein it stayed the order dated February 24, 2025 passed by Justice Rajiv Roy of the Patna High Court in Awadhesh Ranjan Jha @ Awadesh Ranjan Jha vs The State of Bihar & Anr. () until further orders. It issued notice.
Justice Roy's order in Awadhesh Ranjan Jha @ Awadesh Ranjan Jha & Ors. vs. The State of Bihar & Anr (2025). The appeal was preferred “on behalf of the appellants above named against the order dated-02.08.2024 passed by Pankaj Chauhan, Exclusive Special Judge (S.C./S.T Act), Patna in Complaint Case No.12(C) of 2023 whereby and where under the learned Special Judge took cognizance under section-341/323/ 417 of the Indian Penal Code and Section-3 (1) (R), 3 (2) (va) of the S.C/S.T, Act and issued process against the Appellants.”
As per the prosecution story, the complainant had alleged that the complainant/appellants were running a
partnership firm with complaint having 40% share while the appellants were holding 30% share. Certain payments were made for making payment to Electricity Department, but later the complaint came to him that he has been duped. Upon demand, the appellants chose to make payment but later started looking other way. The further allegations was that so far as the appellant, Awadesh Ranjan Jha was concerned, he had taken Rs.50,000/- in cash and returned certain amount while more than half of the sum remained pending. The specific allegation was that on March 1, 2023, upon knowledge that the appellants are present behind Phulwari jail went there and requested for payment while taking caste name, he was threatened. As he chose to return home at Jagdeo Path, both the appellants intercepted along with two other unknown and threatened of dire consequences. It was also alleged that inadvertently, his hand touched the water bottle of appellant Aditya Anand, he took caste name and threw the water from the bottle on the informant. It was seen by two of his staffs present there. He tried to lodge FIR before Airport Police Station as also Senior Superintendent of Police, SC/ST Police Station, Gardanibagh, but failed to do so.
The Court took up the matter and vide order dated August 2, 2024, having prima facie found that a case was made out, took cognizance. Aggrieved by the cognizance, the appeal was filed in the High Court. It was the case of the appellants that the story was the other way around, the complainant had done certain fraudulent acts for which he was thrown out of the partnership and being aggrieved, the complaint was filed.
Referring to the trial court's cognizance order, Justice Roy observed:"....the Court erred in taking cognizance dated 02.08.2024."
Special Public Prosecutor Binay Krishna opposed the prayer submitting that there are two parts of the story, one the financial transaction, in which admittedly, both the appellants had taken money and later failed to return. However, there was another serious allegation that not only he was intercepted and threatened, taking caste name, the water from the bottle was thrown on his body, only because he touched it. In that background, the Court was fully justified in taking cognizance in the matter.
Justice Roy concluded: "Having heard the parties and perusing the records, the points raised by learned Spl. P.P., is worth consideration. The allegations is not only of financial transaction and/or return of the money, the further allegation is that he was intercepted by the two accused/appellants and taking caste name, threatened of dire consequences. Further, when the complainant inadvertently, touched the water bottle. Infuriated, the water was thrown and abuse took place. 11. In that background, no interference is required. Cr. App (SJ) No. 381 of 2025 as also Interlocutory Application No.01 of 2025 stand dismissed."
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