Nawal Kishore Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 3420 of 2016 Arising Out of P.S. Case No.-42 Year-2015 Thana- BASOPATTI District- Madhubani ====================================================== Nawal Kishore Jha Son of Late Mahavir Jha, Resident of VillageBhagirathpatti, P.S. Basopatti, District - Madhubani at Present Member of Panchayat Samittee, Basopatti, Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the State :

Mr. Md. Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief: "That this is an application for Quashing of the First Information Report lodged by the informant on 04.11.15 for the offences punishable under Sections 341, 323, 353, 384, 448, 504, 506 and 427 of the Indian Penal Code read with section 3 (i) (x) of the SC/ST Act in connection with Basopatti P.S. Case No. 42 of 2015 corresponding to GR No. 885 of 2015 presently pending in the court of Sri Ravi Shankar learned J.M. 1st Class, Madhubani."

3. At the very outset, learned A.P.P. pointed out that the present application is not maintainable for the reason that under The Scheduled Castes and the Scheduled Tribes (Prevention of

Patna High Court Cr.Misc. No.3420 of 2016 dt.19-02-2019 2/2 Atrocities) Act, 1989 (hereinafter referred to as the 'Act'), in view of the amended Section 14-A of the Act, now only an appeal will lie, since pursuant to filing of the case, cognizance has also been taken by the Court below.

4. Faced with the situation, learned counsel for the petitioner submitted that he may be permitted to withdraw the application to file an appeal in terms of Section 14-A of the Act.

5. In view thereof, as prayed for by learned counsel for the petitioner, the application stands disposed off as withdrawn with liberty aforesaid.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T