Patna High Court – Orders
Sapandeo Singh @ Sapandeo Kumar vs The State Of Bihar on 16 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.52 of 2024
Arising Out of PS. Case No.-129 Year-2017 Thana- ROH District- Nawada
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Sapandeo Singh @ Sapandeo Kumar, S/O Late Srichand Singh @ Srichandra
Singh Village/P.O.- Samharigarh, Ps. Roh, Dist. Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sidhenra Narayan Singh, Advocate
Mr. Kumar Lalit, Advocate
For the Respondent/s : Mr. Binay Krishna, Advocate
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
6 16-04-2025
A very short question is involved in the instant
revision, viz whether the learned Special Judge committed
illegality and material irregularity in framing charge against the
petitioner vide order dated 02nd September 2023 without
considering the petition under Section 227 of the CrPC filed by
the petitioner on 19th December 2022.
2. It is further contended by the learned Advocate on
behalf of the petitioner that the petitioner previously filed an
application under Section 482 of the CrPC before this Court
bearing Criminal Miscellaneous No. 3615 of 2018. A
Coordinate Bench of this Court vide order dated 21st July 2022,
dismissed the above-mentioned miscellaneous case with the
liberty to the petitioner to raise the issue relating to his
Patna High Court CR. REV. No.52 of 2024(6) dt.16-04-2025
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involvements on the basis of videography taken by the Circle
Officer and mentioned in the FIR at the time of consideration of
charge. On the basis of the said order, the application under
Section 227 of the CrPC was filed.
3. But the learned trial judge without considering the
application under Section 227 of the CrPC, framed charge
against the petitioner under Sections
147/148/149/341/323/307/353/427/436/504/506 of the IPC,
Sections 3 and 4 of the Public Property Damage Act and
Sections 3(1)(r)(q) of Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act, 1989.
4. Framing of charge by the learned Special Judge of
Nawada is ex facie illegal and suffers from material irregularity
because if an accused files a petition under Section 227 of the
CrPC, it is the bounded duty of the trial court to dispose of the
said application first and thereafter, if the said application is
rejected, he is legally entitled to frame charge against the
accused persons.
5. However, prior to framing the charge under the
above-mentioned penal provisions, the learned Special Judge
did not dispose of the application under Section 227 of the
CrPC.
Patna High Court CR. REV. No.52 of 2024(6) dt.16-04-2025
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6. For the reasons stated above, the order dated 02 nd
September 2023 is rejected. The learned trial judge is directed to
dispose the application under Section 227 of the CrPC first and
thereafter to take appropriate step for consideration of charge on
the basis of his finding upon the application under Section 227
of the CrPC. In view of the above order, the instant criminal
revision is allowed on contest.
(Bibek Chaudhuri, J)
Suraj Dubey/-
U T