Mahboob Rai @ Mahboob v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4312 of 2018 Arising Out of PS.Case No. -93 Year- 2014 Thana -TEDHAGACHH District- KISANGANJ =========================================================== Mahboob Rai @ Mahboob S/o Late Habib Rai, R/o Village- Balua Jagir, P.S.- Teragachh, District- Kishanganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rishikesh Ojha, Advocate For the Opposite Party/s : Smt. Usha Kumari No.-1, SPP 247 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 10-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 31.05.2017 passed by the learned Additional Session Judge-1st-cum-Special Judge(SC/ST Act), Kishanganj in Teragachh P. S. Case No. 93 of 2014 whereby and whereunder he has taken cognizance for the offences inter alia punishable under Section 3(1)(x)(xi) and (xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

In view of specific provision of appeal prescribed under

Patna High Court Cr.Misc. No.4312 of 2018 dt.10-08-2018 2/2 Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in the opinion of this Court, this application under Section 482 of the Code of Criminal Procedure would not be maintainable.

4.

In that view of the matter, this application is disposed of with liberty to the petitioner, if so advised, to file an appeal against the order impugned in accordance with law.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.08.2018 Transmission Date 13.08.2018