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Patna High Court

PRADEEP SINGH @ P. SINGHversusTHE STATE OF BIHAR

Decided
Disposal
CONVERTED

Holding

The application is disposed after granting the petitioners four weeks to convert it into a criminal appeal under Section 14A(1).

Summary

The petitioners, a group of brothers and a son, were charged by the trial court under Sections 3(1)(r)(s), 3(1)(w)(2) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. They filed an application seeking relief, contending that the appropriate remedy was an appeal under Section 14A(1) of the same Act. The learned counsel for the State argued that the trial court had correctly taken cognizance of the offences. The High Court examined whether the petitioners’ application could be converted into a criminal appeal (Special Judge) as provided by Section 14A(1). The Court granted the petitioners four weeks to effect such conversion and ordered the present application to stand disposed. Consequently, the matter was left for the petitioners to file a proper criminal appeal within the stipulated time.

Issues considered

  • Whether the petitioners’ application should be treated as an appeal under Section 14A(1) of the SC/ST (Prevention of Atrocities) Act
  • Whether the application can be converted into a criminal appeal before a Special Judge

Legislation cited

Subjects

  • SC/ST Act
  • criminal appeal
  • Section 14A
  • procedural conversion
  • scheduled castes
  • scheduled tribes

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33918 of 2024
                       Arising Out of PS. Case No.-220 Year-2020 Thana- THAWE District- Gopalganj
                 ======================================================
           1.     PRADEEP SINGH @ P. SINGH S/O LATE TIJA SINGH R/O VILLAGE-
                  RAMCHANDERPUR, P.S- THAWE, DISTT.- GOPALGANJ.
           2.    SANTOSH SINGH S/O LATE TIJA SINGH R/O                                   VILLAGE-
                 RAMCHANDERPUR, P.S- THAWE, DISTT.- GOPALGANJ.
           3.    SHAILENDRA SINGH S/O LATE TIJA SINGH R/O VILLAGE-
                 RAMCHANDERPUR, P.S- THAWE, DISTT.- GOPALGANJ.
           4.    NARAYAN SINGH S/O LATE JAINATH SINGH R/O VILLAGE-
                 RAMCHANDERPUR, P.S- THAWE, DISTT.- GOPALGANJ.
           5.    RAMESHWAR SINGH S/O LATE JAINATH SINGH R/O VILLAGE-
                 RAMCHANDERPUR, P.S- THAWE, DISTT.- GOPALGANJ.
           6.    KAMELESHWAR SINGH S/O LATE JAINATH SINGH R/O VILLAGE-
                 RAMCHANDERPUR, P.S- THAWE, DISTT.- GOPALGANJ.
           7.    AMAR SINGH S/O LATE JAINATH SINGH R/O                                   VILLAGE-
                 RAMCHANDERPUR, P.S- THAWE, DISTT.- GOPALGANJ.
           8.    PYUSH  SINGH  S/O     PRADEEP SINGH      R/O                            VILLAGE-
                 RAMCHANDERPUR, P.S- THAWE, DISTT.- GOPALGANJ.

                                                                                    ... ... Petitioners
                                                        Versus
           1.    THE STATE OF BIHAR
           2.    MANOJ RAM S/O LATE BHUKHAL RAM R/O                                      VILLAGE-
                 RAMCHANDERPUR, P.S- THAWE, DISTT.- GOPALGANJ.

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Prakash Chandra Jha
                 For the Opposite Party/s :        Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   02-04-2026                    Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                2. Learned counsel for the petitioners submits that the
                   learned court below has also taken cognizance against the
                   petitioners under Sections 3(1)(r)(s),(w)(2) and 3(2)(va) of the
                   Scheduled Castes and Scheduled Tribes (Prevention of
          Patna High Court CR. MISC. No.33918 of 2024(2) dt.02-04-2026
                                                      2/2




                    Atrocities) Act, against which an appeal under Section 14A(1)
                    of the SC/ST Act would lie and as such this application is
                    required to be converted into one as Cr. Appeal (SJ).
                                 3. In view of the above, four weeks’ time is granted to
                    the petitioners to convert this application into one as Cr. Appeal
                    (SJ).
                                 4. This application accordingly stands disposed of.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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