IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1821 of 2024 Arising Out of PS. Case No.-523 Year-2021 Thana- BARH District- Patna ====================================================== 1. Vikash Singh @ Vikash kumar Singh SON OF UDAY NARAYAN SHARMA Resident of village- Pandarak, P.S.- Pandarak, Distt.- Patna 2. RAKESH KUMAR @ RAKESH SINGH @ DABLOO SINGH SON OF UDAY NARAYAN SHARMA Resident of village- Pandarak, P.S.- Pandarak, Distt.- Patna ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Dewanand Tiwari For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 7 09-07-2025 Heard learned counsel for the appellants and learned APP for the State. 2. This Cr. Appeal has been filed in terms of SC/ST (POA) Amendment Act for setting aside the order dated 28-02- 2024 passed by learned court of Special Judge (SC/ST) Barh in Special Case No, 16/2022 (arising out of Barh P.S. Case No. 523/2021) whereby and where under the learned Special Judge has dismissed the petition dated 12-02-24 filed under section 227 of Cr.P.C. on behalf of the Appellants for discharge them from allegation leveled against them under section 307,302,120(B)/34 of the Indian Penal Code. And SC/ST Act in which chargesheet has been submitted bearing No. 221/22 on 10-03-2022. 3. By the impugned order dated 28-02-2024 passed by Patna High Court CR. APP (SJ) No.1821 of 2024(7) dt.09-07-2025 2/2 learned Special Judge, SC/ST (POA) Act in Special Case No. 16 of 2022 arising out of Barh P.S. Case No. 523 of 2021, the learned trial court has rejected the petition filed by the appellant under Section 227 of the Cr. P.C. 4. The appellant filed an application under Section 227 of the Cr.P.C. with a prayer that the provisions of SC/ST (POA) Act is not applicable in this case because in the FIR, there is no whisper about the offence under the provisions of SC/ST Act. Merely because the deceased was a member of SC/ST community, the learned trial court has found prima facie case under the provisions of SC/ST Act. 5. Learned counsel for the informant submits that charges have been framed and as such, the stage of the trial has changed. 6. It appears that charges have been framed in this case. As such, this appeal has become infructuous. 7. Accordingly, this Cr. Appeal is dismissed being infructuous. A.K.V.//- (Nawneet Kumar Pandey, J) U T