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Patna High Court

Umesh Prasad Gupta @ Umesh SahversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

The petition may be converted into a criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Summary

The petitioner, Umesh Prasad Gupta, filed a petition arising from a 2018 police case in Patna seeking relief under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner’s counsel requested that the petition be converted into a criminal appeal under Section 14A(1) of the SC/ST Act. The Court examined whether the statutory provision permits such conversion within the prescribed time‑frame. Relying on the language of Section 14A(1), the Court held that the conversion is permissible. Consequently, the Court granted permission to convert the petition into a criminal appeal and directed the office to cooperate with the conversion process.

Issues considered

  • Whether a petition filed under the SC/ST Act can be converted into a criminal appeal under Section 14A(1) of the Act

Legislation cited

Subjects

  • SC/ST Act
  • criminal appeal
  • petition conversion
  • Section 14A
  • procedural law

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.60845 of 2024
                            Arising Out of PS. Case No.-19 Year-2018 Thana- SC/ST District- Patna
                   ======================================================
                   Umesh Prasad Gupta @ Umesh Sah SON OF SRI VINDHYACHAL SAH @
                   VINDHYACHAL SAO RESIDENT OF VILLAGE- CHIRAURA P.S.-
                   NAUBATPUR DISTRICT- PATNA

                                                                                       ... ... Petitioner/s
                                                          Versus
             1.    The State of Bihar
             2.    GITA DEVI WIFE OF AWDHESH PASWAN RESIDENT OF VILLAGE-
                   CHIRAURA P.S.- NAUBATPUR DISTRICT- PATNA

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr. Nitesh Kumar, Advocate
                   For the Opposite Party/s :        Mr. Usha Kumari 1, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2     31-03-2026                  Learned counsel for the petitioner prays for and is

                     permitted to convert the present petition into a Criminal Appeal

                     (SJ) as provided under Section 14 (A) (1) of the SC/ST Act

                     within four weeks.

                                  2. Office is directed to extend all cooperation towards

                     conversion.



                                                (Praveen Kumar, J)
Jyoti/-

U


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