Patna High Court
ASHISH KUMAR @ MITHILESH KUMARversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- SANDEEP KUMAR
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
Checking your session…