Patna High Court

ABHISHEK TIWARYversusThe State of Bihar

Decided: 23 March 2026
Disposal: CONVERTED
Bench: PRAVEEN KUMAR

Holding

The appeal lies under Section 14A(1) of the SC/ST Act and the application must be converted into a criminal appeal (Special Judge).

Summary

The petitioner, Abhishek Tiwary, was taken into cognizance under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner filed an application seeking relief, but the trial court’s order indicated that any appeal would have to be filed under Section 14A(1) of the same Act. The High Court examined whether the application should be treated as a criminal appeal under the SC/ST Act. It held that the appropriate remedy is a criminal appeal (Special Judge) under Section 14A(1) and directed the petitioner to convert the application accordingly. Four weeks were granted for conversion, and the application was thereafter disposed of.

Issues considered

Whether an appeal against the order taking cognizance under Sections 3(1)(r)(s) of the SC/ST Act lies under Section 14A(1).
Whether the pending application must be converted into a criminal appeal before the Special Judge.

Legislation cited

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(1), 3(1)(r)(s)

Subjects

SC/ST Act
Criminal appeal
Section 14A
Procedural conversion
Special Judge

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.57606 of 2025
                           Arising Out of PS. Case No.-66 Year-2020 Thana- SC/ST District- Bhojpur
                 ======================================================
                 ABHISHEK TIWARY Son of Om Prakash Tiwary R/O- Gorhna Road, P.S.-
                 Ara Navada, District - Bhojpur, Bihar - 802301.

                                                                                      ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar
           2.    Dinbandhu Kumar Son of Pokhraj Ram R/O- Jawahar Tola, Ward No.- 40,
                 P.S.- Ara Navada, District - Bhojpur, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Nagadeo Choubey
                 For the Opposite Party/s :          Mrs. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   23-03-2026                      Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                  2. It appears from the impugned order that the learned

                   court below has taken cognizance against the petitioner under

                   Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes

                   (Prevention of 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 petitioner to convert this application into one as Cr. Appeal

                   (SJ).
          Patna High Court CR. MISC. No.57606 of 2025(2) dt.23-03-2026
                                                      2/2




                                 4. This application stands disposed of.



                                               (Praveen Kumar, J)
Pawan/-

U     T

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