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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5693 of 2024 Arising Out of PS. Case No.-3 Year-2018 Thana- SC/ST District- Patna ======================================================
1. Nand Kishore Rai S/o- Late Dineshwar Rai Mohalla- Badal Tola, Haldi Chapra, P.S.-Maner, District- Patna
2. Vishwajeet Kumar S/o- Late Subhas Bhagat Village- Tiwari Tola Ps- Maner Dist- Patna ... ... Appellant/s Versus
1. The State of Bihar
2. Anita Kumari D/o- Sri Raj Kumar Ram Moh- Maner Bazar Ps- Maner Dist- Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : None For the Respondent/s : Mr.Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 06-03-2025 No one appears for the appellants though learned counsel for Respondent No.2 as also learned counsel for the State are present.
2. The petition has been filed for:-
“quashing and setting aside the
order dated 21.12.2023 taking cognizance against the appellants for the offences punishable under section 147, 148, 149, 448, 341, 323, 324, 307, 379, 354(B), 504 506 of the Indian Penal Code and under section 3 (i) (r)/3 (i) (g)/3 (i) (p)/3 (i) (z) of the SC/ST
Patna High Court CR. APP (SJ) No.5693 of 2024(3) dt.06-03-2025 2/3 (prevention of Atrocities) Act exercising power under section 319 of the Code of Criminal Procedure by learned Exclusive special Judge SC/ST (POA) Act, Patna in Spl. Case No. 21/2018 arising out of SC/ST PS Case No. 03/2018.
3. Admit.
4. Learned counsel appearing for Respondent no. 2 has raised the preliminary question that the appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act 1989’) prevents that filing of the appeal beyond the period of 180 days.
5. Section 14A of ‘the Act 1989’ reads as follows:-
“Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 allows an appeal to the High Court from a judgment, sentence, or
order of a Special Court or an Exclusive Special Court.”
6. He has further submitted that so far as paragraph-8 of the appeal is concerned, wrong facts have put on therein.
7. Be that as it may, since there is no appearance on
Patna High Court CR. APP (SJ) No.5693 of 2024(3) dt.06-03-2025 3/3 behalf of the appellant, the same is dismissed for non prosecution.
perwez (Rajiv Roy, J) U T