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Patna High Court

ASHISH KUMAR @ MITHILESH KUMARversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

A quashing application in the present circumstances is not maintainable and must be converted into an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Summary

The petitioners, Ashish Kumar and others, filed a quashing application challenging an order arising from a 2017 case in Munger. The court examined whether the quashing application was maintainable. It held that the application was not maintainable and directed the petitioners to convert it into an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The matter was listed for hearing after two weeks from the conversion. No substantive merits of the original case were addressed.

Issues considered

  • Whether the quashing application filed by the petitioners is maintainable under law
  • Whether the petitioners should be directed to file an appeal under Section 14(A)(2) of the SC/ST Act

Legislation cited

Subjects

  • quashing application
  • appeal
  • SC/ST Act
  • maintainability
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.64690 of 2019
                          Arising Out of PS. Case No.-15 Year-2017 Thana- SC/ST District- Munger
                  ======================================================
            1.     ASHISH KUMAR @ MITHILESH KUMAR Son of Madan Lal Mandal
                   Resident of Mohalla - Naya Gaon Thakurbari Road, P.S.- East Colony,
                   District- Munger
            2.    Rajan Kumar Chaurasia Son of Late Krishna Deo Mandal Resident of
                  Mohalla - Naya Gaon Thakurbari Road, P.S.- East Colony, District- Munger
            3.    Madan Lal Mandal Son of Late Krishna Deo Mandal Resident of Mohalla -
                  Naya Gaon Thakurbari Road, P.S.- East Colony, District- Munger
            4.     Rekha Devi Wife of Anil Kumar Chaurasia @ Anil Kr. Mandal Resident of
                   Mohalla - Naya Gaon Thakurbari Road, P.S.- East Colony, District- Munger
                                                                             ... ... Petitioner/s
                                                   Versus
                  The State of Bihar Bihar
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Ram Sevak Choudhary
                  For the Opposite Party/s :       Mr.Brajendra Nath Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    29-01-2026                    Heard the parties.

                                 2. In view of the prayer made on behalf of the

                    petitioner, this Court is of the view that quashing application is

                    not maintainable and therefore the learned counsel for the

                    petitioner is directed to convert this quashing application in to

                    an appeal under Section 14(A)(2) of the SC/ST Act.

                                 3. List this case after two weeks after conversion of

                    the same into an appeal.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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