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Patna High Court

MAHENDRA SHARMAversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed as time‑barred under Section 14A of the SC/ST Act.

Summary

The appellants Mahendra Sharma, Jitan Sharma and Krishan Nandan Sharma appealed against a Special Judge's order dated 13 May 2022 that took cognizance of offences under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appeal was filed on 11 August 2022, i.e., 438 days after the impugned order. Under Section 14A of the SC/ST Act, an appeal must be filed within 90 days, and even with sufficient cause, cannot be entertained after 180 days. The court examined the statutory limitation period and found the appeal to be well beyond the 180‑day ceiling. Consequently, the appeal was held to be time‑barred and was dismissed. The decision underscores the strict adherence to limitation provisions in appeals under the SC/ST Act.

Issues considered

  • Whether the appeal filed on 11 August 2022 is within the limitation period prescribed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Legislation cited

Subjects

  • Limitation period
  • Appeal
  • SC/ST Act
  • Time-barred
  • Criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5350 of 2023
                          Arising Out of PS. Case No.-74 Year-2018 Thana- SC/ST District- Purnia
                 ======================================================
           1.     Mahendra Sharma @ Mahendra Mistri, Son Of Shanichar Sharma, R/O
                  Village- Sindhiya Basti, P.S.- Sadar, District- Purnea
           2.    Jitan Sharma @ Jitendar Kumar Sharma Son Of Mahendra Sharma @
                 Mahendra Mistri, R/O Village- Sindhiya Basti, P.S.- Sadar, District- Purnea
           3.    Krishan Nandan Sharma @ Krishnanand Sharma, Son Of Mahendra Sharma
                 @ Mahendra Mistri, R/O Village- Sindhiya Basti, P.S.- Sadar, District-
                 Purnea

                                                                                     ... ... Appellant/s
                                                         Versus
           1.    The State Of Bihar
           2.    Meera Devi, Wife Of Ashok Paswan, R/O Village- Lakripatti, Gulabbagh,
                 P.S.- Sadar, District- Purnea

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Nishant Kumar Sinha, Advocate.
                 For the State            :        Ms.Usha Kumari No. 1, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

4   29-01-2026                    The present Criminal Appeal (SJ) has been preferred

                   against the impugned order dated 13.05.2022 whereby learned

                   Special Judge, SC/ST Act, Purnea, has taken cognizance of

                   offence punishable under Sections 323, 341, 354, 448 of the

                   Indian Penal Code and Sections 3(i)(r)(s)(w)(i), 3(2)(va) of

                   SC/ST Act against the Appellants.

                                2. However, the present Appeal has been preferred

                   beyond the limitation period. As per Section 14A of SC/ST Act

                   1989, the Appeal can be preferred against any order passed by

                   learned Special Court, within 90 days. As per the proviso to
              Patna High Court CR. APP (SJ) No.5350 of 2023(4) dt.29-01-2026
                                                           2/2




                        Section 14A, one can file Appeal beyond 90 days if he has

                        sufficient cause for not preferring the Appeal beyond the said

                        period of 90 days. There is further proviso to Section 14A of

                        the SC/ST Act that in any case, no Appeal shall be entertained

                        after expiry of 180 days.

                                     3. In the case on hand, it transpires that the present

                        Appeal has been preferred much more after 180 days. The

                        impugned order has been passed on 13.05.2022 whereas this

                        Appeal has been preferred on 11.08.2022. It means Appeal has

                        been preferred after 438 days.

                                     4. Hence, the present Appeal is time barred under

                        Section 14(1)(a) of the SC/ST Act.

                                     5. Accordingly, the present Appeal is dismissed as

                        time barred.



                                                                     (Jitendra Kumar, J)
S.Ali/-

U         T


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