Bliram Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3845 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- SC/ST District- Gopalganj ====================================================== Bliram Ram Son of Late Mahadev Ram Resident of Mohalle - Thawe Road, Ward No.22, P.S. and District - Gopalganj ... ... Appellant

Versus

1.

The State of Bihar 2.

Neyaz Ahmad Son of not known Sub Inspector, Posted at Town Police Station, District - Gopalganj 3.

Pramod Srivastava Son of Vijay Kumar Srivastava Resident of Mohalla - Kali Asthan Road, Jangaliya, P.S. - Town Police Station, District - Gopalganj ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr.Dhramveer, Advocate For the Respondent/s :

Mr.Sadanand Paswan,Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2024 Heard learned counsel for the appellant and learned Special P.P. for the State.

2. The present memo of appeal has been filed for setting aside the impugned order dated 27.05.2024 passed by learned Additional Sessions Judge-XI-cum-Special Judge, SC/ST Act, Gopalganj, in connection with Gopalganj SC/ST Case No. 23 of 2023, whereby and whereunder learned court has accepted and disposed of the final form No. 111/2023 dated 27.12.2023 submitted by the I.O. of the

Patna High Court CR. APP (SJ) No.3845 of 2024(2) dt.03-09-2024 2/3 case in favour of respondent no. 2 & 3.

3. It is submitted by learned counsel appearing on behalf of the appellant that without giving any opportunity and in most mechanical manner, the learned trial court accepted the charge-sheet as filed by the investigating agency, wherein respondents were exonerated from the allegations, as raised through F.I.R.

4. It appears from perusal of records particularly F.I.R. that the occurrence took place out of rent dispute. The police, after investigation, submitted final form exonerating the respondents from the allegations raised qua occurrence. The respondents were not sent up for trial.

5. Learned trial court of original jurisdiction, on perusal of record, failed to find any protest petition on the part of appellant. To file protest, if any, a notice was also issued to the appellant, but even despite of that, no protest petition was filed. Finally, the learned trial court accepted the final form and thereafter same was disposed of.

6. Submission also raised, that police submitted final form against the appellant in connivance with

Patna High Court CR. APP (SJ) No.3845 of 2024(2) dt.03-09-2024 3/3 respondents is unfounded and same was not even appears supported by any materials as available on record.

7. Considering aforesaid, there is no occasion to interfere with the order of cognizance dated 27.05.2024.

8. Accordingly, present appeal stands dismissed at admission stage itself.

9. Let this order be sent to learned trial court, without delay.

(Chandra Shekhar Jha, J.) Rajeev/- U T