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Patna High Court

Lal Babu SahversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

The application is converted into a criminal appeal under the SC/ST Act within four weeks.

Summary

The petitioners, five residents of Baswaria village, filed an application before the Patna High Court seeking to convert their pending application into a criminal appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The State of Bihar and another respondent opposed the conversion. The sole issue before the court was whether the application could be transformed into a criminal appeal under the SC/ST Act. The court, after hearing counsel, allowed the prayer and directed that the application be converted into a criminal appeal within four weeks. Consequently, the petitioners were granted the relief sought, and the matter was set to proceed as a criminal appeal under the SC/ST Act.

Issues considered

  • The application may be converted into a criminal appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Legislation cited

Subjects

  • SC/ST Act
  • criminal appeal
  • conversion of application
  • Patna High Court
  • procedural order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10912 of 2024

                   Arising Out of PS. Case No.-25 Year-2019 Thana- MOTIHARI MUFASIL District- East
                                                        Champaran
                 ======================================================
           1.     Lal Babu Sah SON OF LATE YODHA SAH RESIDENT OF VILLAGE -
                  BASWARIA, PS - MUFFASIL, MOTIHARI, DISTRICT - EAST
                  CHAMPARAN
           2.    RAJA SAH @ RAJA KUMAR SON OF LAL BABU SAH RESIDENT OF
                 VILLAGE - BASWARIA, PS - MUFFASIL, MOTIHARI, DISTRICT -
                 EAST CHAMPARAN
           3.    RAMAYAN SAH SON OF LAL BABU SAH RESIDENT OF VILLAGE -
                 BASWARIA, PS - MUFFASIL, MOTIHARI, DISTRICT - EAST
                 CHAMPARAN
           4.    LAVKUSH SAH SON OF LAL BABU SAH RESIDENT OF VILLAGE -
                 BASWARIA, PS - MUFFASIL, MOTIHARI, DISTRICT - EAST
                 CHAMPARAN
           5.    SANTOSH SAH SON OF LAL BABU SAH RESIDENT OF VILLAGE -
                 BASWARIA, PS - MUFFASIL, MOTIHARI, DISTRICT - EAST
                 CHAMPARAN

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    MOKHTAR BAITHA SON OF JADO BAITHA RESIDENT OF VILLAGE
                 - BASWARIA, PS - MUFFASIL, MOTIHARI, DISTRICT - EAST
                 CHAMPARAN

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :      Mr. Binay Krishna, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   16-03-2026                  Learned counsel for the petitioners prays for four

                   weeks’ time to convert this application in Cr. Appeal (SJ) under

                   SC/ST Act.

                                2. Prayer is allowed.

                                3. The present application is directed to be converted
           Patna High Court CR. MISC. No.10912 of 2024(2) dt.16-03-2026
                                                       2/2




                     accordingly within a period of four weeks.



                                                (Praveen Kumar, J)
shivam/-
U      T


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