Patna High CourtCR. MISC./4489/2017converted

Onkarjit Singh Ahluwalia @ Omkarjeet Singh v. State Of Bihar And ANR

2018-02-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4489 of 2017 Arising Out of PS.Case No. -65 Year- 2009 Thana -SC/ST District- BEGUSARAI ====================================================== Onkarjit Singh Ahluwalia @ Omkarjeet Singh son of Late Sardar Singh, resident of Mohalla- New Colony, Ulao, P.S. Muffasil, District- Begusarai, presently, residing at 101 Indra Park, Model Town, P.S-7, DistrictJalandhar, Punjab. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manju Devi wife of Mannu Rajak, resident of Mohalla- New Colony Ulao, P.S.- Muffasil, District- Begusarai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindhyachal Singh, Advocate : Mr. Saket Tiwary, Advocate For the Opposite Party No.2 : Mr. Ashish Giri, Advocate : Mr. Sandip Kumar Gautam, Advocate For the State : Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-02-2018 In view of the provisions prescribed under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and in view of the ratio laid down by this Court in Bisheshwar Mishra and Anr. vs. State of Bihar [2016(4) PLJR 1058], an application under Section 482 of the Code of Criminal Procedure shall not lie before this Court from any judgment, sentence or order, not being an interlocutory in nature of the Special Court.

As this application was filed by the petitioner on 31st January, 2017 i.e., within the statutory period available for filing

Patna High Court Cr.Misc. No.4489 of 2017 (3) dt.13-02-2018 2/2 an appeal against the order passed by the Special Court, the petitioner is permitted to take steps to convert the same into an appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act within two weeks from today failing which the application shall stand dismissed without further reference to a Bench.

(Ashwani Kumar Singh, J) Md.S./- U