Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42455 of 2021 Arising Out of PS. Case No.-23 Year-2018 Thana- SC/ST District- Sheikhpura ====================================================== 1.

GAUTAM KUMAR Son of Purshottam Prasad @ Pursottam Ram Resident of Village- Badshahpur, Police Station- Sheikhpura, District- Sheikhpura. 2.

Ravi Kumar Son of Purshottam Prasad @ Pursottam Ram Resident of Village- Badshahpur, Police Station- Sheikhpura, District- Sheikhpura. 3.

Manish Kumar Son of purshottam Prasad @ Pursottam Ram Resident of Village- Badshahpur, Police Station- Sheikhpura, District- Sheikhpura. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Rabindra Prasad Singh, Advocate For the Opposite Party :

Mr. Jharkhandi Upadhyay, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-04-2024 Petitioners seeks quashing of cognizance order dated 15.12.20218, passed in SC/ST Case No. 85 of 2018 by the Additional Sessions Judge I cum Special Judge, SC/ST Act, Sheikhpura.

2.At the outset, learned counsel for the State submits that in view of section 14A(1) of the SC/ST Act, petitioners should file an appeal while challenging cognizance order passed for offences punishable under SC/ST Act.

3.Learned counsel for the petitioners does not controvert the submission of the State counsel and seeks permission to withdraw this quashing petition with liberty to the petitioners to file appropriate petition in accordance with law.

Patna High Court CR. MISC. No.42455 of 2021(3) dt.23-04-2024 2/2 4.This quashing petition is dismissed as withdrawn with the liberty aforesaid.

(Prabhat Kumar Singh, J) Shashi U T