Dismissed

Pramod Kumar Singh @ Pramod Singh v. the State of Bihar

Patna HC1 Aug 2023CR. WJC/402/2021

Case brief

AI extract

What is this about?

Privately petitioned against an order taking cognizance challenging its maintainability via writ under Article 226 instead of Section 14(A) appeal. Court granted permission to withdraw with liberty to appeal under the Act. Application dismissed as withdrawn.

What did the court decide?

Permission granted to withdraw the writ application with liberty to file appeal under Section 14(A) of the SC/ST Act.

Pramod Kumar Singh @ Pramod Singh Vs the State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.402 of 2021

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Arising Out of PS. Case No.-17 Year-2018 Thana- GANDHIMAIDAN District- Patna

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======================================================

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PRAMOD KUMAR SINGH @ PRAMOD SINGH S/O LATE NITYANAND SINGH R/O LAL KOTHI GAISING TOLA GHATARO, P.S. LALGANJ, DISTRICT- VAISHALI

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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THE SUPERINTENDENT OF POLICE, PATNA SADAR PATNA.

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THE DEPUTY SUPERINTENDENT OF POLICE, PATNA.

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THE OFFICER-IN-CHARGE OF GANDHI MAIDAN P.S. PATNA.

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RAMESH PASWAN S/O LATE GURUCHARM PASWAN R/O CHANDPUR BELA, P.S.-JAKKANPUR, DISTRICT-PATNA.

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... ... Respondent/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Mrityunjay Kumar For the Respondent/s : Mr. Anurag Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 01-08-2023

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Learned counsel for the private respondent no. 5 /

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informant takes preliminary objection regarding the maintainability of this writ petition. Referring to Section 14(A) of the Scheduled Castes and the Scheduled Tribes ( Prevention to Atrocities) Act, 1989 (for short the “SC/ST Act”), learned counsel submits that against the order taking cognizance appeal can be filed under the SC/ST Act and not the writ application. Admittedly, in the present writ application order taking cognizance dated 18-12-2020 has been challenged by the petitioner.

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Patna High Court CR. WJC No.402 of 2021(4) dt.01-08-2023 2/2

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Learned counsel for the respondent no. 5 relies upon a judgment of the Hon’ble Supreme Court reported in 2020 SCC OnLine Blog OpEd 139 and one another judgment reported in 2022 (3) Crimes 291 (Ori.) and submits that order taking cognizance is an intermediate order not an interlocutory order and an intermediate order is one which is interlocutory in nature but when reversed, it has the effect of terminating the proceedings and thereby resulting in a final order.

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Taking into consideration the objection raised on behalf of the respondent no. 5, learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to file appeal against the order dated :18/12/2020 under Section 14(A) of the SC/ST Act before the appropriate court.

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Permission is granted.

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The application is dismissed as withdrawn with the aforesaid liberty.

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(Anil Kumar Sinha, J)

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praful/-

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Pramod Kumar Singh @ Pramod Singh v. the State of Bihar

Case brief

What is this about?

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Pramod Kumar Singh @ Pramod Singh v. the State of Bihar

Case brief

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