Shamida Khatoon And ORS v. State Of Bihar And ANR

Patna High Court CR. APP (SJ) No.954 of 2017 (04) dt.01-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.954 of 2017 Arising Out of PS.Case No. -61 Year- 2016 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Shamida Khatoon, Wife of Md. Jahir

2. Saghirul @ Sageerul @ Md. Sagir Son of Jahir

3. Basirul @ Md. Basibul @ Md. Basir Son of Jahir All are Resident of Village-Bari Malikpur, P.S. Jale, District darbhanga. .... .... Appellant/s

Versus

1. The State of Bihar

2. Nathi Paswan, son of Late Baldeo Paswan, Resident of VillageBhikhanpur, P.S. Ahiyapur, District Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rakesh Kumar-Advocate For the Respondent/s : Mr. Binay Krishna-S.P.P. For the Informant : Mr. Shyama Kant Singh-Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-05-2017 Heard learned counsel for the appellants as well as learned Additional Public Prosecutor along with learned counsel for the informant. Because of the fact that cognizance had already been taken under S.C./S.T. (Prevention of Atrocities) Act including other allied Sections of I.P.C., on account thereof, as per 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 would not lie. Consequent thereupon, is dismissed.

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