Patna High Court
PRADEEP SINGH @ P. SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- CONVERTED
- Bench
- PRAVEEN KUMAR
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
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(1), 3(1)(r)(s), 3(1)(w)(2), 3(2)(va)
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
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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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