Patna High Court

MD. MASOOM ALI @ MASOOM @ MASOOM RAZA @ MD. MASHUM ALIversusTHE STATE OF BIHAR

Decided: 10 March 2026
Disposal: CONVERTED
Bench: PRAVEEN KUMAR

Holding

The Court held that the petitioner may be granted a four‑week period to convert the application into a criminal appeal.

Summary

Md Masoom Ali, the petitioner, was the subject of cognizance taken by the Special Court, Araria under Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He filed an application seeking to convert the proceeding into a criminal appeal and requested a four‑week period to do so. The petitioner’s counsel argued for the conversion and the time extension. The Court considered whether such a conversion and extension were permissible. It granted the four‑week period to the petitioner to convert the application into a criminal appeal and thereafter disposed of the application.

Issues considered

Whether the petitioner may be granted time to convert the application into a criminal appeal under Section 3(i)(r)(s) of the SC/ST Act

Legislation cited

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i)(r)(s)

Subjects

Criminal Procedure
SC/ST Act
Appeal
Conversion of Application
Time Extension

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6427 of 2024
                         Arising Out of PS. Case No.-519 Year-2022 Thana- JOKIHAT District- Araria
                  ======================================================
                  MD. MASOOM ALI @ MASOOM @ MASOOM RAZA @ MD. MASHUM
                  ALI SON OF MOIN UDDIN RESIDENT OF VILLAGE - BHANSIA
                  WARD NO.05, P.S. - MAHALGAON, DISTRICT - ARARIA
                                                                ... ... Petitioner/s
                                             Versus
            1.     THE STATE OF BIHAR
            2.     ROUSHAN KUMAR S.I. MAHALGAON P.S., P.S. - MAHALGAON,
                   DISTRICT - ARARIA
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Md Ziaul Quamar, Adv.
                  For the Opposite Party/s :        Mr.Binay Krishna, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    10-03-2026                  Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. Learned counsel for the petitioner prays for four

                    weeks’ time to convert this application into one under Criminal

                    Appeal as the cognizance has also been taken by the learned

                    Special Court, Araria under Section 3(i)(r)(s) 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.

                                 4. Accordingly, this application is disposed of.



                                               (Praveen Kumar, J)
brajesh/-
U       T

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