The High Court at Patna dismissed a criminal miscellaneous petition as withdrawn with liberty to file an appeal. The State argued the order was appealable under Section 14(A) of the SC/ST Act, rendering the petition non-maintainable.
Petition dismissed as withdrawn with liberty to file an appeal.
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 MISCELLANEOUS No.7747 of 2022
Arising Out of PS. Case No.-451 Year-2019 Thana- KAHALGAON District- Bhagalpur
======================================================
Keshaw Mahto @ Keshaw Kumar Mahto
... ... Petitioner/s
Versus
The State Of Bihar and Anr.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijaya Laxmi Srivastava, Advocate For the State : Ms. Usha Kumari 1, APP For the O.P. No.2 : Mr. Rajiv Ranjan Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
3 17-11-2022
The learned counsel for the petitioner and the learned counsel for the opposite party No.2 as well as learned counsel for the State are present.
It has been pointed out by the learned counsel for the opposite party No.2 that the cognizance has been taken in this case under the provisions of SC/ST (Prevention of Atrocities) Act, 1989 and hence the said order is an appealable order under Section 14(A) of the SC/ST (Prevention of Atrocities) Act, 1989 and the present petition is not maintainable.
Faced with this situation, the learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file an appeal.
As prayed, the present petition is dismissed as
Patna High Court CR. MISC. No.7747 of 2022(3) dt.17-11-2022 2/2
withdrawn with liberty as aforesaid.
(Arun Kumar Jha, J)
Ashish/-
U T
2 issues framed by the court
Whether the present petition is maintainable being an appealable order under Section 14(A) of the SC/ST (Prevention of Atrocities) Act, 1989
Whether permission should be granted to withdraw the criminal miscellaneous petition with liberty to file an appeal
1 provisions across 1 enactments
Keshaw Mahto @ Keshaw Kumar Mahto
The State Of Bihar and Anr.
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
