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Patna High Court

Raj Narayan SahversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

The court held that a four‑week period may be granted to convert the application into a criminal appeal under the SC/ST Act.

Summary

The petitioners, a group of residents from Hariharpur village, were charged under Sections 3(i)(r)(s)(w) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They filed an application seeking to convert the proceeding into a criminal appeal under Section 14(A)(1) of the same Act. The petitioners requested a four‑week period to effect this conversion. The learned counsel for the State opposed the request. The Hon’ble Justice Praveen Kumar granted the four‑week extension and directed the office to cooperate with the petitioners for the conversion. The application was thereafter disposed of with the said direction.

Issues considered

  • Whether the petitioners may be granted a four‑week period to convert the application into a criminal appeal under Section 14(A)(1) of the SC/ST Act

Legislation cited

Subjects

  • SC/ST Act
  • Criminal Appeal
  • Procedural Order
  • Time Extension
  • Scheduled Castes and Scheduled Tribes
  • Section 14(A)(1)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47162 of 2024
                        Arising Out of PS. Case No.-51 Year-2021 Thana- SC/ST District- Gopalganj
                 ======================================================
           1.     Raj Narayan Sah S/O LATE SHIVLAL SAH Resident of Village Hariharpur,
                  P.S- JADOPUR , DIST- GOPALGANJ
           2.    CHANDRIKA SAH SON OF GOBIND SAH Resident of Village
                 Hariharpur, P.S- JADOPUR , DIST- GOPALGANJ
           3.    RAVINDRA SAH @ RABINDRA PRASAD SON OF RAM GOBIND SAH
                 Resident of Village Hariharpur, P.S- JADOPUR , DIST- GOPALGANJ
           4.    BABLU KUMAR @ BABLU SAH SON OF RABINDRA SAH Resident of
                 Village Hariharpur, P.S- JADOPUR , DIST- GOPALGANJ
           5.    RAJA SAH@ RAJA KUMAR SON OF RABINDRA SAH Resident of
                 Village Hariharpur, P.S- JADOPUR , DIST- GOPALGANJ
           6.    RAKESH SAH @ RAKESH KUMAR SON OF RABINDRA SAH
                 Resident of Village Hariharpur, P.S- JADOPUR , DIST- GOPALGANJ
           7.    RAJENDRA SAH @ RAJENDRA PRASAD SON OF CHANDRIKA SAH
                 Resident of Village Hariharpur, P.S- JADOPUR , DIST- GOPALGANJ

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Harshvardhan, Advocate
                 For the Opposite Party/s :        Mr. Sadanand Paswan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioners prays for four

                   weeks’ time to convert this application into one under Criminal

                   Appeal (SJ) under the provisions of 14 (A)(1) of the SC/ST act

                   as the cognizance has also been taken by the learned Additional

                   District & Sessions Judge-XI-cum-Special Judge SC/ST Act,
            Patna High Court CR. MISC. No.47162 of 2024(2) dt.06-04-2026
                                                        2/2




                      Gopalganj, under Section 3(i)(r)(s)(w), 3 (2) (va) of the SC/ST

                      Act against the petitioner.

                                   3. Four weeks’ time, as sought for, is granted to

                      learned counsel for the petitioner to convert this application into

                      Criminal Appeal (SJ).

                                   4. Office is directed to cooperate the learned counsel

                      for the petitioner to convert the same.

                                   5. Accordingly, with the aforesaid direction, this

                      application is disposed of.



                                                 (Praveen Kumar, J)
khushbu/-

U      T


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