Raja Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.24634 of 2015 (2) dt.13-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24634 of 2015 Arising Out of PS.Case No. -233 Year- 2014 Thana -FATUHA District- PATNA ======================================================

1. Raja Yadav Son of Vijay Yadav resident of Village - Dumri, P.S. - Fatuha, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Mishra For the Opposite Party/s Mr. Ambika Bhagat (A.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

The accusation against the petitioner is that he along with some others made attempt to commit rape on the wife of the informant who belongs to scheduled caste community and accordingly, case has been registered under various sections of the Indian Penal Code and section 3 (X) of the SC/ST (Prevention of Atrocities )Act. In my view, this petition filed under section 438 of the Cr.P.C is not maintainable as section 18 of the SC/ST (Prevention of Atrocities) Act prohibits to entertain petition filed petition under section 438 of the Cr.P.C.

Accordingly, this petition filed under section 438 of the Cr.P.C in connection with Fatuha P.S. Case no. 233/2014 stands dismissed being not maintainable.

shahid (Hemant Kumar Srivastava,J) U T