Ritu Ranjan @ Ritu Ranjan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.693 of 2016 Arising out of P.S.Case No. -6 Year- 2013 Thana -JAMHORE District- AURANGABAD =========================================================== Ritu Ranjan @ Ritu Ranjan Singh, son of Mahendra Chandrabanshi, resident of village- Kudwa, Police Station- Jamhore, District- Aurangabad. .... .... Appellant
Versus
The State of Bihar .... .... Respondent =========================================================== Appearance :
For the Appellant : Mr. Ashok Kumar Mishra, Advocate. Mr. Milind Kumar Mishra, Advocate.
For the State : Mr. Z. Hoda, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 22-10-2016 Heard learned counsel for the appellant and learned counsel for the State.
2. This application under Section 14-A (2) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short 'the Act') is directed against the order dated 30th July, 2016 passed by the learned Sessions Judge, Aurangabad, in connection with A.B.P. No. 858 of 2016 arising out of Jamhore P.S. Case No. 6 of 2013 registered for the offence punishable under Sections 341, 323, 427/34 of the Indian Penal Code and Section 3 (1) (X) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act.
3. In view of Section 18 of the Act, an application
Patna High Court CR. APP (SJ) No.693 of 2016 dt.22-10-2016 2/2 for grant of pre-arrest bail in connection with an offence committed under the provisions of the Act is not maintainable.
4. Furhermore, in view of the recent amendment i.e. Section 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, the Special Court has become a Court of original jurisdiction and, hence, any application under Chapter XXXIII is to be filed before the Special Court and not before the Sessions Judge.
4. In view of the matter, I find no merit in this appeal. It is dismissed accordingly.
(Ashwani Kumar Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 24.10.2016 Transmission Date 24.10.2016