Mohan Pathak v. State Of Bihar And ANR

Patna High Court CR. APP (SJ) No.582 of 2017 (3) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.582 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ====================================================== MOHAN PATHAK, SON OF MUNINDRA PATHAK @ MUNIJEE, RESIDENT OF VILLAGE- BANDWAR, P.S.- NEEMA CHANDPURA, DISTRICT- BEGUSARAI.

.... .... APPELLANT/S

VERSUS

THE STATE OF BIHAR.

.... .... RESPONDENT/S ====================================================== Appearance:

For the Appellant/s : Mr. Pramod Mishra, Adv. For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 3.

11-04-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor assisted by learned counsel for the complainant.

In light of principle decided by the Hon'ble Apex Court in Bachu Das vs. State of Bihar & Ors. reported in (2014) 3 SCC 471 no prayer under Section 438 Cr.P.C. is maintainable, in case cognizance is taken under the SC/ST (POA) Act. From the order impugned, it is evident that in a complaint case cognizance had already been taken therefore, instant memo of appeal under the colour of Section 438 Cr.P.C. is found non-maintainable and is accordingly dismissed. However, it is made clear that during course of surrender before the learned lower court, the learned lower court will consider the merit of the case without being influenced by the instant order. (Aditya Kumar Trivedi, J.) Prakash Narayan U T