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2025 DAILYLAW 81028 (PAT)

ASHA TIWARI v. The State of Bihar

CR. MISC./70/2024 · 2025-01-16

Chandra Shekhar Jha

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70 of 2024 Arising Out of PS. Case No.-12 Year-2021 Thana- SC/ST District- Rohtas ====================================================== Asha Tiwari, W/O Sri Shyam Bihari Tiwari R/O Village- Kathar, P.S. Krishna Brahm Sthan, Dist. Buxar (BIHAR), Pin Code-802111. Then Posted As An Assistant Teacher In Higher Secondary Govt. School, Tilauthu, Rohtas, (BIHAR). ... ... Petitioner/S Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Chandra Shekhar Azad, Advocate For the Opposite Party/s : Mr.Binay Krishna, 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 01.06.2023 passed by the learned Additional District & Sessions Judge-17 cum Special Judge SC/ST, Rohtas at Sasaram, where discharge petition as preferred by the petitioner was rejected by the learned trial court/Special court. 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 Patna High Court CR. MISC. No.70 of 2024(2) dt.16-01-2025 2/2 against any order passed under SC/ST (POA) Act, except interlocutory order. 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