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2026 DAILYLAW 8131 (JHR)

NARAYAN CHAKRABORTY v. THE STATE OF JHARKHAND

Cr.M.P./1508/2022 · 2026-04-28

Anil Kumar Choudhary

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Judgment text

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[2026:JHHC:13440] 1 Cr. M.P. No.1508 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1508 of 2022 ------ Narayan Chakraborty @ Narayan Chakrawarty @ Narayan Chakarbory @ Narayan Chakraborty aged 68 years, son of Late Dhirendra Nath Chakraborty, resident of Rajmata Colony, Rajbari Road, Jharia, P.O. and P.S. Jharia, District- Dhanbad. … Petitioner Versus 1. The State of Jharkhand 2. Raghunath Ram, son of Late Bilar Ram, resident of Village- Baramuri, P.O. and P.S. Dhanbad, District- Dhanbad. … Opposite Parties ------ For the Petitioner : Mr. P.K. Mukhopadhyay, Advocate. Mr. Abhay Shankar, Advocate. For the State : Mrs. Priya Shrestha, Spl.P.P. For the Opposite Party: Mr. Jinid Seteng Horo, Advocate. Mr. Praveen Pranav, Advocate. Mr. Kismanti Minj, Advocate. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 criminal miscellaneous petition with the prayer to quash the entire criminal proceedings in connection with SC/ST Case No. 02 of 2017 (arising out of C.P. Case No. 402 of 2015) including the order dated 16.02.2022 passed by the learned Special Judge, SC/ST Act, Dhanbad whereby and where under the cognizance has been taken inter alia against the petitioner of the offences [2026:JHHC:13440] 2 Cr. M.P. No.1508 of 2022 punishable under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 which is now pending in the Court of learned Special Judge, SC/ST Act, Dhanbad. 3. At the very outset, a preliminary objection has been raised by the learned counsel for the opposite party no.2 that this criminal miscellaneous petition is not maintainable in view of the specific provision under Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989 which provides for the specific remedy of an appeal. In this respect, the learned counsel for the opposite party no.2 relied upon the judgment of this Court in the Case of Chandra Bhushan & Another versus State of Jharkhand & Another passed in Cr.M.P. No. 4632 of 2022. 4. Learned counsel for the petitioner submits that since a Co-Ordinate Bench of this Court in exercise of the power under Section 482 of the Cr.P.C. in Cr.M.P. No. 2596 of 2022, the order of which was pronounced on 04.09.2023 has quashed the cognizance against the co-accused person and the same has not been interfered with by the Hon’ble Supreme Court of India in Special Leave to Appeal (Crl.) No.16713 of 2023. Hence, the application under Section 482 of the Cr.P.C. is maintainable. 5. It is pertinent to mention here that the perusal of the record reveals that the question of maintainability of the application under Section 482 of the Cr.P.C. in view of provision for specific remedy of an appeal under Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989, was not [2026:JHHC:13440] 3 Cr. M.P. No.1508 of 2022 raised before the Co-Ordinate Bench of this Court in Cr.M.P. No. 2596 of 2022. 6. Having heard the submissions made at the Bar and after carefully going through the materials available in the record, this Court has no hesitation in holding that the impugned order dated 16.02.2022 passed in Complaint Case No. 402 of 2015 corresponding to SC/ST Case No. 02 of 2017 by the learned Special Judge, SC/ST Act, Dhanbad, is not an interlocutory order and since the specific remedy of appeal has been provided in Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989 against the orders other than interlocutory orders, this Court is of the considered view that this Criminal Miscellaneous Petition under Section 482 of the Cr.P.C. is not maintainable. 7. Accordingly, this Criminal Miscellaneous Petition is disposed of being not maintainable. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 28th of April, 2026 AFR/ Amar Uploaded on 07/05/2026