Dismissed

Binod Kumar @ Binod Kumar Singh v. the State of Bihar, through the Director General of Police, Govt. of Bihar, Patna.

Patna HC23 Apr 2024CR. MISC./54005/2023

Case brief

AI extract

What is this about?

Petitioners sought quashing of a cognizance order passed by the Special Judge, SC/ST Act, Gaya. The court noted Section 14A(1) of the SC/ST Act provides an appeal against non-interlocutory orders of the Special Court and, with counsel's concession, dismissed the petition with liberty to file an appeal.

What did the court decide?

None granted; petition dismissed with liberty to file an appeal under Section 14A(1) of the SC/ST Act.

Binod Kumar @ Binod Kumar Singh Vs the State of Bihar… — Caste Atrocities | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54005 of 2023

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Arising Out of PS. Case No.-23 Year-2019 Thana- SC/ST District- Gaya

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

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Binod Kumar @ Binod Kumar Singh S/O Late Shambhu Sharan Singh Resident Of House No 12d, Manglam Vihar Colony, Ara Garden Road, Jagdeo Path, Post B. V. College, Patna.

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Chandrabhan Prasad Singh S/O Late Bhagwati Prasad Singh R/O Rusi Chavani, Near Panjabi Colony, New Godwon, Gaya, Post And P.S And Distt.- Gaya, 823001.

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Rajesh Kumar Singh @MUNNA Singh @ Rajesh Kumar S/O Late Arun Kumar Singh R/O Village- Gamharia, Post- Bajaura, P.S- Dobhi, Distt.Gaya.

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Srikant Kumar @ Srikant Prasad Singh S/O Late Sachchidanand Singh R/O Village- Gamharia, Post- Bajaura, P.S- Dobhi, Distt.- Gaya.

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Suman Kumar @ Suman Kumar Singh S/O Radheshyam Sharma R/O Ron N-10, Magadh Colony, Distt- Gaya.

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Pramod Kumar @ Pramod Kumar Singh S/O Late Shambhu Sharan Singh R/O Village- Gamharia, Post- Bajaura, P.S- Dobhi, Distt.- Gaya.

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Krishna Kumar Singh S/O Late Shambhu Sharan Singh R/O Radha Krishna Bhavan, Mani Road, East Of Gbm College, Near Purani Jail Khana, Distt.Gaya.

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Gaurav Kumar @ Saurabh Kumar S/O Krishna Kumar Singh R/O Radha Krishna Bhavan, Mani Road, East Of Gbm College, Near Purani Jail Khana, Distt- Gaya …… Petitioners

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Versus

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The State Of Bihar, Through The Director General Of Police, Govt. Of Bihar, Patna. Bihar

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Mr. Ram Vilas Paswan S/O Late Bharosa Paswan R/O village- Gamharia, P.S.- Dobhi, District- Gaya

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... ... Opposite Party

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

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Appearance :

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For the Petitioner/s : Mr.Purushottam Kumar Jha, Advocate For the State : Ms/Mrs. Usha Kumari 1, Addl Public Prosecutor for opp.party no.2 Mr. K.N.Jamuar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 23-04-2024 Heard learned counsel for the parties.

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This petition has been filed for quashing order dated 12.12.2022 passed in Gaya Anumandal Sadar SC/ST Police Station Case No. 23/2019 by the Special Judge, SC/ST Act, Gaya by which the learned court below has taken cognizance of the offence against these petitioners for the offence punishable under sections 341, 323, 504/34 of the I.P.C.

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Patna High Court CR. MISC. No.54005 of 2023(4) dt.23-04-2024 2/2

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and sections 3(1) (r) (s) of the S.C./S.T. Act.

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At the outset, learned counsel for the State as well as opposite party no.2 submit that the petitioners should file an appeal while challenging cognizance order passed for offrences punishable under SC/ST Act. He submits that on bare perusal of section 14A(1) of the SC/ST Act, it is clear that order of the Special Court or an Exclusive Special Court is not an ‘interlocutory order’, and, therefore, an appeal would lie against such order under Section 14A(1) of the SC/ST Act.

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Section 14A(1) of the Act reads as follows:-

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"14A. (1) Notwithstanding anything contained in the Code of Criminal Procedure,1973, an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law.

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In this regard, reliance is placed on the judgment of Hon’ble Division Bench of this Court dated 9.8.2023, passed in Criminal Appeal No. 4792 of 2018.

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Learned counsel for the petitioner does not controvert the aforesaid proposition of law.

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In view of the aforesaid proposition of law, present quashing petition is dismissed with liberty to the petitioners to file an appeal, if so advised.

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(Prabhat Kumar Singh, J)

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Shashi

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U T

Binod Kumar @ Binod Kumar Singh v. the State of Bihar, through the Director General of Police, Govt. of Bihar, Patna.

Case brief

What is this about?

What did the court decide?

Binod Kumar @ Binod Kumar Singh v. the State of Bihar, through the Director General of Police, Govt. of Bihar, Patna.

Case brief

What is this about?

What did the court decide?

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