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Patna High CourtCR. MISC./13700/2017dismissed

Sidheshwar Prasad Singh @ Sidheshwar Singh @ Dadu Babu And ANR v. The State Of Bihar

2018-03-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13700 of 2017 Arising Out of PS.Case No. -56 Year- 2014 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Sidheshwar Prasad Singh @ Sidheshwar Singh @ Dadu Babu @ Singheshwar Prasad Singh, S/o Late Kameshwar Singh

2. Amneshwar Singh @ Chotu, S/o-Sidheshwar Singh Both Resident of Village-Bangar Hatta, P.S.-Sindhia, District-Samastipur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-03-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In view of the express provision prescribed under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the instant application preferred under Section 482 of the Code of Criminal Procedure for quashing the order dated 04.01.2017 passed by the learned Special Judge, SC/ST Act, Samastipur rejecting the petition filed under Section 227 of the Code of Criminal Procedure for discharge is not maintainable in law. Accordingly, it is

Patna High Court Cr.Misc. No.13700 of 2017 (2) dt.26-03-2018 dismissed as not maintainable.

However, the petitioners would be at liberty to challenge the impugned order by filing statutory appeal. (Ashwani Kumar Singh, J.) Sanjeet/- U T