Manoj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5721 of 2024 Arising Out of PS. Case No.-145 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.

Manoj Sahni S/O Late Satyanarain Sahni Resident of Village- Ekdwari, Ward No. 13, P.S- Warisnagar, District- Samastipur. 2.

Binod Sahni @ Binod Kumar Choudhary S/O Late Satyanarain Sahni Resident of Village- Ekdwari, Ward No. 13, P.S- Warisnagar, DistrictSamastipur. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Banarsi Devi W/O Jailal Paswan Resident of Village- Ekdwari, Ward No. 13, P.S- Warisnagar, District- Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bijay Bhushan Prasad, Advocate For the Respondent/s :

Mr.Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-02-2025 Heard Mr. Bijay Bhushan Prasad, learned counsel for the appellant and Mr. Binay Krishna, learned Spl. P.P.

2. The present memo of appeal has been preferred: for quashing the order dated 03.01.2024 passed by the Learned Special Judge, SC/ST (POA) Act, Samastipur, passed in C.R. No. 145 of 2022, T.R. No. 1781 of 2024 whereby and where under cognizance has been taken under sections 323, 427 and 504 of the Indian Penal Code and Sections 3(1)(r)/3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and appellants have been summoned.

Patna High Court CR. APP (SJ) No.5721 of 2024(3) dt.27-02-2025 2/2

3. After some argument, learned counsel for the appellants prays for withdrawal of the case as despite the complaint against them, the fact remains, they are neighbours and are trying hard to settle the issue through Gram Kachahri so that both of them would live in peace, happily.

4. As such, the appellant intends to approach the Gram Kachahri so that an amicable settlement may take place once the Gram Kachahri notices the other side.

5. Alternatively, he shall be putting in all his facts before an appropriate Court at an appropriate stage.

6. Learned Special P.P. submits that though there is no error in the cognizance order, it would be appropriate if the parties come to an amicable settlement.

7. The facts have been recorded above, the appellant wants to avail the services of the Gram Kachahri and/or approach the Court at an appropriate stage.

8. In that background, the prayer for withdrawal is allowed.

9. The Cr. Appeal(SJ) No. 5721 of 2024 as also I.A. No. 01 of 2025 stand disposed of.

(Rajiv Roy, J) Ravi/- U T