The High Court converted the criminal appeal into criminal miscellaneous due to lack of an order by an SC/ST Special Court, directed defect removal, referenced a coordinate bench, and suspended coercive steps.
Appeal converted into criminal miscellaneous; defects to be removed within one month; no coercive steps in the meantime.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1086 of 2021
Arising Out of PS. Case No.-682 Year-2020 Thana- MAJHAULIA District- West Champaran
======================================================
ARUN YADAV @ ARUN KUMAR YADAV Son of Mahendra Yadav Resident of Village- Jag Yadav Ke Tola, Bakhariya Ward No. 10, P.S.Majhauliya, District- West Champaran.
... ... Appellant
Versus
The State of Bihar
... ... Respondent ====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar No 7 For the Respondent/s : Ms. Usha Kumari, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 01-11-2021
Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Learned counsel for the appellant has submitted that the case has been lodged under Sections 448, 341, 323, 354(A), 354(B), 504, 506, 34 of IPC, under Section 8/18 of the POCSO Act and under Section 3(i)(r)(s), w(i)(ii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Since the impugned order has not been passed by Special Court, SC/ST. As such, this appeal may be converted into Criminal Miscellaneous. He has also submitted that coordinate Bench in Cr. Appeal (SJ) No. 1184 of 2021, vide order dated 6.8.2021 has allowed the submission of learned counsel and referring the case
Patna High Court CR. APP (SJ) No.1086 of 2021(2) dt.01-11-2021 2/2
of Guddu Kumar Yadav Vs. State of Bihar, 2019 (4) P.L.J.R. 1240.
Considering the above-mentioned fact, let the matter be listed under appropriate heading after converting the present appeal into criminal miscellaneous.
In the meantime, no coercive steps shall be taken against the appellants.
Office shall ensure that all defects are removed by the appellant within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J)
SONALI/-
U T
3 issues framed by the court
Whether the criminal appeal should be converted into criminal miscellaneous due to absence of SC/ST Special Court order.
Whether the appellant's submission regarding coordinate bench order should be agreed upon.
Whether coercive steps can be taken against the appellants in the meantime.
Colour shows how this judgement treated each authority
Guddu Kumar Yadav Vs. State of BiharReferred¶12
Guddu Kumar Yadav Vs. State of Bihar, 2019 (4) P.L.J.R. 1240
3 provisions across 3 enactments
Arun Yadav
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
