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Patna High CourtCR. REV./1596/2019dismissed

Raj Kishor Ram v. The State Of Bihar

2024-01-16Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1596 of 2019 Arising Out of PS. Case No.-29 Year-2011 Thana- DIGHWARA District- Saran ====================================================== RAJ KISHOR RAM Son of Late Sukhdeo Ram Resident of Village - Manupur, P.S.- Dighwara, District - Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Pravesh Rai Son of Baiju Rai Resident of Village - Manupur, P.S.- Dighwara, District - Saran.

3.

Ras Bihari Rai Son of Baiju Rai Resident of Village - Manupur, P.S.- Dighwara, District - Saran.

4.

Harendra Rai Son of Baijur Rai Resident of Village - Manupur, P.S.- Dighwara, District - Saran.

5.

Sandeep Rai Son of Ram Pravesh Rai Resident of Village - Manupur, P.S.- Dighwara, District - Saran.

6.

Guddu Rai Son of Harendra Rai Resident of Village - Manupur, P.S.- Dighwara, District - Saran.

7.

Pappu Rai Son of Ram Pravesh Rai Resident of Village - Manupur, P.S.- Dighwara, District - Saran.

8.

Galtu Rai Son of Ram Pravesh Rai Resident of Village - Manupur, P.S.- Dighwara, District - Saran.

9.

Sunil Rai Son of Ras Bihari Resident of Village - Manupur, P.S.- Dighwara, District - Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh, Advocate For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 16-01-2024 Heard learned Advocate for the petitioner, learned APP for the State and learned Advocate for the Opposite Parties.

2. A Criminal Case being G.R 903 of 2011 was disposed of on compromise by the learned Addl. Sessions Judge 1st Court & Special Judge under SC/ST (Prevention of

Patna High Court CR. REV. No.1596 of 2019(3) dt.16-01-2024 2/2 Atrocities) Act, Saran by an order dated 1st October, 2019.

3. Section 14A of SC/ST (Prevention of Atrocities) Act, 1989 states:- "14A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2) of 1974, an appeal shall lie, 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."

4. The impugned order dated 1st October, 2019, is not an interlocutory order but a final order of disposal of case on the basis of a compromise petition which was refuted by the de facto complainant on the ground that the de facto complainant never signed in the said compromise petition and it was a false and fabricated document.

5. In view of the provision of Section 14A of the aforesaid Act, the instant revision is not maintainable. Accordingly, the Revision is dismissed.

6. However, the petitioner is at liberty to take steps in accordance with Section 14A of the said Act, subject to the law of limitation.

(Bibek Chaudhuri, J) uttam/- U