Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.121 of 2020 Arising Out of PS. Case No.-115 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== Ajay Singh Son of Late Binda Singh Resident of Village-Patkhauliya, P.SMuffasil, District-East Champaran. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Umesh Chandra Verma, Advocate For the Respondent/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-09-2020 Heard learned counsel for the appellant and learned counsel for the State.

In the present case, the appellant is challenging the order dated 10.07.2019 passed by 1st Additional Sessions Judgecum-Special Judge, SC/ST (POA) Act, East Champaran at Motihari in Sugauli P.S. Case No. 115 of 2019. It appears from the records that the said order dated 10.07.2019 was challenged earlier in Cr. Appeal (SJ) No. 3675 of 2019 and vide order dated 25.11.2019, the same was rejected and again the same order has been challenged in the present appeal.

Mr. Sadanand Paswan, APP has raised objection that the order impugned has already reached its finality and now it cannot be reopened and if he so sanguine he should approach

Patna High Court CR. APP (SJ) No.121 of 2020(6) dt.03-09-2020 2/2 the court below and if the order goes against him then only he can challenge the same in a fresh proceeding. The objection which has been raised by Sri Paswan, APP is completely valid. Accordingly, this appeal is dismissed with a liberty to the appellant to exhaust the remedy as available under the law. (Shivaji Pandey, J) V.K.Pandey/- U T