Chandan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42475 of 2015 Arising Out of PS.Case No. -88 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================

1. Chandan Yadav Son of Gajo Yadav,

2. Sakindra Yadav @ Bhagat Yadav, Son of Gajo Yadav, Both are resident of village- Alakhdiha, P.S.- Akbarpur, District- Nawada .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

At the outset, it is pointed out that during the pendency of the application, Chandan Yadav (petitioner no.1) has already been arrested.

In that view of the matter, the application on behalf of Chandan Yadav (petitioner no.1) is dismissed as infructuous. So far as petitioner no. 2 Sakindra Yadav @ Bhagat Yadav is concerned, taking into consideration the allegation made under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the present application under Section 438 of the Code of Criminal Procedure would not

Patna High Court Cr.Misc. No.42475 of 2015 (2) dt.13-10-2015 2/2 be maintainable in view of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Accordingly, the application is dismissed as not maintainable. (Ashwani Kumar Singh, J.) Kanchan/- U T