Sk. Sakari @ Md. Sakari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51825 of 2022 Arising Out of PS. Case No.-515 Year-2015 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Sk. Sakari @ Md. Sakari Son of Sk. Kalimullah Resident of VillageJanerwa, P.S.- Banjaria, District - East Champaran. 2.

Sk. Makaran @ Md. Mukaran Son of Sk. Kalimullah Resident of VillageJanerwa, P.S.- Banjaria, District - East Champaran. 3.

Md. Gufran @ Babloo Son of Sk. Kalimullah Resident of Village- Janerwa, P.S.- Banjaria, District - East Champaran.

4.

Sheikh Kalimullah S/o Late Sheikh Hafiz Resident of Village- Janerwa, P.S.- Banjaria, District - East Champaran.

... ... Petitioners

Versus

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

For the Petitioners :

Md. Salahuddin Khan, Adv.

Mr. Saurabh Kumar, Adv.

For the Opposite Party :

Ms Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-09-2022 Heard Mr. Salahuddin Khan learned counsel for the petitioner and Ms Usha Kumari, learned counsel for the State. At the outset, when the attention of the learned counsel for the petitioner was drawn towards Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, he conceded that against the order taking cognizance of the offence inter alia under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, an application under Section 482 of the Code of Criminal Procedure would not be maintainable. He submitted that he may

Patna High Court CR. MISC. No.51825 of 2022(2) dt.30-09-2022 2/2 be permitted to withdraw the present application with liberty to file an appropriate appeal in accordance with law challenging the impugned order.

Leave is granted. The application is disposed of. (Ashwani Kumar Singh, J) Pradeep/- U T