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2025 DAILYLAW 80958 (PAT)

UPENDRA CHAUHAN v. THE STATE OF BIHAR

CR. MISC./2771/2024 · 2025-01-16

Chandra Shekhar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2771 of 2024 Arising Out of PS. Case No.-671 Year-2022 Thana- BARH District- Patna ====================================================== Upendra Chauhan, Son of Late Shiv Balak Chouhan @ Shibalak Chauhan, Resident of Village -Saidpur P.O. Atnawan, P.S. Barh District Patna. ... ... Petitioner/S Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s : Mrs.Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 16-01-2025 Heard learned counsel appearing on behalf of the parties. 2. Considering the submissions and also the perusal of office report, it appears that the impugned order dated 20.03.2023 passed by the learned Court of Exclusive Special Court (SC/ST Act), Patna, where cognizance was taken for offences punishable under SC/ST (POA) Act, 1989. 3. The position of law does not permit to entertain the present petition, for the reason that Section 14A of the SC/ST (POA) Act, 1989 specifically provisioned for appeal against any order passed under SC/ST (POA) Act, except interlocutory order. Patna High Court CR. MISC. No.2771 of 2024(2) dt.16-01-2025 2/2 4. Considering the aforesaid, the present quashing petition not appears maintainable. 5. At this stage, learned counsel appearing for the petitioner seeks permission to withdraw the present petition and prayed for liberty to prefer appeal under provisions of SC/ST Act, 1989 before appropriate forum. 6. Considering the submission and also the position of law, the present quashing petition stands disposed of, however with aforesaid liberty, as submitted. veena/- (Chandra Shekhar Jha, J) U T