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Patna High Court

Brajendra Kumar @ Brajesh KumarversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

The petition must be converted into a criminal appeal under Section 14A(1) of the SC/ST Act; the original application is disposed.

Summary

The petitioners were charged under Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and they filed a criminal miscellaneous application before the High Court. The Court observed that an appeal against an order under the SC/ST Act must be filed under Section 14A(1) of the same Act as a criminal appeal (SJ). Consequently, the Court directed the petitioners to convert their application into a criminal appeal within four weeks. The petitioners were given the stipulated time and the original application was disposed of. The order clarifies the procedural requirement for appeals under the SC/ST Act.

Issues considered

  • Whether a petition filed under Section 3(2)(va) of the SC/ST Act is maintainable as a criminal miscellaneous application or must be converted into a criminal appeal under Section 14A(1).

Legislation cited

Subjects

  • SC/ST Act
  • Section 3(2)(va)
  • Section 14A(1)
  • criminal appeal
  • procedure
  • cognizance
  • scheduled castes
  • scheduled tribes

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59168 of 2025
                  Arising Out of PS. Case No.-57 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Brajendra Kumar @ Brajesh Kumar S/O Sri Sadhu Prasad R/O Sebri Nagar,
                  P.S.- Rupaspur, Dist.- Patna
           2.    Sabita Devi W/O Brajendra Kumar R/O Sebri Nagar, P.S.- Rupaspur, Dist.-
                 Patna
           3.    Suraj Kumar S/O Brajendra Kumar R/O Sebri Nagar, P.S.- Rupaspur, Dist.-
                 Patna
           4.    Sunny Kumar S/O Vinod Kumar Sharma R/O Sebri Nagar, P.S.- Rupaspur,
                 Dist.- Patna
           5.    Balram @ Balram Chandra Prabhakar S/O Sri Ram Naresh Yadav R/O Sebri
                 Nagar, P.S.- Rupaspur, Dist.- Patna

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar BIHAR
           2.    Sangita Devi W/O Late Munna Manjhi R/O Sebri Nagar, P.S.- Rupaspur,
                 Dist.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Shrish Anurag
                 For the Opposite Party/s :     Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   03-04-2026                    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 petitionera under

                   Section 3(2)(va) 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
          Patna High Court CR. MISC. No.59168 of 2025(2) dt.03-04-2026
                                                      2/2




                    (SJ).

                                 3. In view of the above, four weeks’ time is granted to

                    the petitioners to convert this application into one under Cr.

                    Appeal (SJ).

                                 4. This application stands disposed of.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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