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2025 DAILYLAW 56604 (PAT)

SANJEET SINGH @ SANJEET KUMAR SINGH v. THE STATE OF BIHAR

CR. APP (SJ)/2712/2022 · 2025-08-20

Jitendra Kumar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2712 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- SC/ST District- Rohtas ====================================================== Sanjeet Singh @ Sanjeet Kumar Singh Son Of Late Vishnu Vijay Singh Resident Of Rajputana Mohalla, P.S.- Dehri, District- Rohtas ... ... Appellant/s Versus 1. The State Of Bihar 2. Manoj Kumar Bharti Son Of Ram Suresh Prasad Resident Of A/49, Police Colony, Anisabad, Patna - 800002 (ADMINISTRATOR) Nagar Parisad, Dehri (DALMIRANAGAR) ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Saket Kumar Singh, Advocate For the State : Ms. Usha Kumari 1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 5 20-08-2025 The present criminal appeal has been filed under Section 14A(1) of SC/ST (POA) Act for quashing of F.I.R. dated 18.05.2022 bearing SC/ST P.S. Case No. 26 of 2022 registered under Sections 341, 323, 353, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3(1)(r)(s)(m) and 3(2)(va) of SC/ST Act. 2. In my considered opinion, the present appeal is misconceived, because Section 14A(1) of SC/ST Act provides for appeal against a judgment, sentence or order of Special Court or an Exclusive Special Court to the High Court on facts and law. 3. However, F.I.R. is not an order passed by such Patna High Court CR. APP (SJ) No.2712 of 2022(5) dt.20-08-2025 2/2 Special Court and hence appeal under Section 14A(1) of the SC/ST Act cannot lie for quashing the FIR. The person aggrieved by the FIR may invoke writ or inherent jurisdiction of this Court seeking quashment of the FIR. 4. At this stage, learned counsel for the appellant is seeking permission to withdraw the present petition with liberty to file appropriate writ petition or otherwise against the impugned F.I.R. 5. Permission is granted. 6. Accordingly, the present appeal is dismissed as withdrawn with liberty as sought for by the appellant. ravishankar/- (Jitendra Kumar, J.) U T