Binod Singh And ANR v. State Of Bihar And ANR

Patna High Court CR. APP (SJ) No.314 of 2017 (03) dt.04-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.314 of 2017 Arising Out of PS.Case No. -1352 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Binod Singh, son of Sri Rajnarayan Singh,

2. Sonu Kumar Singh @ Ruddra Gautam, son of Binod Singh, Both residents of village- Awsanpur, P.S.- Balthar, District- West Champaran. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Umesh Chandra Verma-Advocate For the Respondent/s : Mr. Binay Krishna-S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-05-2017 Heard learned counsel for the appellants as well as learned Special Public Prosecutor.

From the order impugned, it is evident that cognizance had already been taken under S.C./S.T. (Prevention of Atrocities) Act and other allied Sections of the I.P.C.

That being so, in view of principle decided by the Hon'ble Apex Court in Bachu Das vs. State of Bihar & others reported in (2014) 3 SCC 471 as well as Manju Devi vs. Onkarjit Singh Ahluwalia @ Omkarjeet Singh & Ors. relating to Cr. Appeal No.570 of 2017 arising out of Special Leave Petition (Cri.) No.1929 of 2015, instant appeal under the garb of Section 438 of the Cr.P.C. is found non-maintainable and is accordingly, dismissed.

(Aditya Kumar Trivedi, J) Vikash/- U T