The Patna High Court has set aside what it termed a “palpably erroneous order” by additional district judge-17 at Sasaram in Rohtas district and directed the judicial officer to undergo mandatory training at the Bihar Judicial Academy.
Justice Bibek Chaudhuri, while hearing the petition of Sundeshwar Kumar Das, a sub-inspector of police posted at Kargahar in Rohtas, expressed serious concern over the lower court's handling of a case involving charges under various IPC sections and the SC/ST (Prevention of Atrocities) Act. Finding serious procedural lapses, Justice Chaudhuri directed immediate remedial action, including the withdrawal of criminal powers from the erring judge.
The case is based on an FIR filed by Indrasani Devi on January 28, 2023, alleging assault on members of a Scheduled Caste by Iqbal Mia and others following a dispute involving children playing on a village road in Kargahar police station area a day earlier. The FIR was filed under several IPC sections, including 307 (attempt to murder), and relevant SC/ST Act provisions.
Accused Iqbal Mia was arrested on February 24, 2023, and produced before the special judge SC/ST Act the following day. Instead of following standard legal procedures for non-bailable offences by taking the accused into judicial custody or considering bail, the judge allegedly directed Mia to "leave the court" without any legal order.
Calling the move “palpably erroneous” and without legal precedent under the Criminal Procedure Code, Justice Chaudhuri said such direction was "unheard of under the provision of the CrPC."
The high court, while criticising both the trial court and the investigating officer for failing to adhere to proper legal protocol, has withdrawn criminal powers from the judicial officer concerned, pending training at Bihar Judicial Academy and directed the investigating officer to re-produce the accused before the special judge SC/ST Act for proper legal proceedings.