Shree Chand Madhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1845 of 2018 Arising Out of PS.Case No. -116 Year- 2004 Thana -KADAMKUAN District- PATNA ====================================================== Shree Chand Madhan, Son of Late Shyam Das, resident of M.I.G. 27, Lohiya Nagar, Police Station- Kankarbagh, District- Patna. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Parwati Devi, wife of Late Jagdish Chaudhary, resident of VillageTotha, Post Office- Purkhauli, Police Station- Lalganj, District- Vaishali. .... .... Opposite Partys.

====================================================== Appearance :

For the Petitioner/s : Mr. Devi Das Srivastava, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-08-2018 In view of the provision of appeal prescribed under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, an application under Section 482 of the Code of Criminal Procedure against an order, not being an interlocutory order, of a special court would not be maintainable before this Court. In that view of the matter, this application, in its present form, is not maintainable.

At this stage, learned counsel for the petitioner seeks leave to convert the instant application into an appeal under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Leave is granted. Let steps in this regard be taken within ten days from today.

(Ashwani Kumar Singh, J) Pradeep/Sneha U