Sanjeev Kumar Tiwari @ Sanjeetv Tiwari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29252 of 2015 Arising Out of PS. Case No.-10 Year-2014 Thana- SC/ST District- Banka ====================================================== SANJEEV KUMAR TIWARI @ SANJEETV TIWARI ... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Bhushan Das, Adv.

For the State :

Mr. Sadanand Paswan, Spl. PP For the O.P. No. 2 :

Mr. Ajay Mukherjee, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-03-2025 At the outset, it is submitted by learned counsel appearing for the O.P. No. 2 that the petitioner has challenged the cognizance order and the instant petition was filed in the year 2015 and thereafter, the trial of the petitioner has started and the same is at advance stage as out of seven prosecution witnesses, six prosecution witnesses have been examined, only the investigating officer remains to be examined. He further submits that the instant petition is not maintainable as every order passed in Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (in short 'SC/ST Act') can be challenged by way of criminal appeal in view of the provisions of section 14A of the SC/ST Act and the petitioner may be directed to convert the nature of this case.

2. Considering the aforesaid submission, let the matter

Patna High Court CR. MISC. No.29252 of 2015(4) dt.21-03-2025 2/2 be converted into criminal appeal and the petitioner's counsel is directed to take necessary steps to make changes in the petition by way of filing interlocutory application and the same must be filed before the next date and the office is also directed to take necessary steps in this regard.

3. Put up this matter after four weeks under appropriate heading before appropriate Bench. (Shailendra Singh, J) annu/- U