Suresh Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42730 of 2017 Arising Out of PS.Case No. -20 Year- 2014 Thana -SC/ST BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Suresh Yadav,
2. Lalan Yadav,
3. Sharwan Yadav,
4. Ramdhani Yadav All are sons of Vindhyachal Yadav, resident of Jura, P.S.- Bhairoganj, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Feku Ram son of Late Badari Ram, resident of village- Jura, P.S.- Bhairoganj, District- West Champaran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh No.1, Advocate For the State : Smt Usha Kumari No-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-04-2018 This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the order dated 07.07.2017 passed by the learned 1st Additional District and Sessions Judge-1-cum-Special Judge, Bettiah, West Champaran in Session Trial No.133 of 2016 arising out of Bagaha S.C./S.T. P.S. Case No.20 of 2014 registered inter alia for the offences punishable under Section 3(1)(i)(vi)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
In view of Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 substituted by Act 1 of 2016 with effect from 26.01.2016 an appeal would lie
Patna High Court Cr.Misc. No.42730 of 2017 (2) dt.12-04-2018 2/2 from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law.
By the impugned order, the learned court below has rejected the application of the petitioner seeking discharge from the case. The said order is certainly not an interlocutory order. In that view of the matter, in the opinion of this Court, the instant application preferred under Section 482 of the Code of Criminal Procedure is not maintainable. Accordingly, it is dismissed as not maintainable.
(Ashwani Kumar Singh, J) Md.S./- U T