Patna High Court – Orders
Nand Kishore Rai vs The State Of Bihar on 6 March, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5693 of 2024
Arising Out of PS. Case No.-3 Year-2018 Thana- SC/ST District- Patna
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1. Nand Kishore Rai S/o- Late Dineshwar Rai Mohalla- Badal Tola, Haldi
Chapra, P.S.-Maner, District- Patna
2. Vishwajeet Kumar S/o- Late Subhas Bhagat Village- Tiwari Tola Ps- Maner
Dist- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Anita Kumari D/o- Sri Raj Kumar Ram Moh- Maner Bazar Ps- Maner Dist-
Patna
... ... Respondent/s
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Appearance :
For the Appellant/s : None
For the Respondent/s : Mr.Sadanand Paswan
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-03-2025
No one appears for the appellants though learned
counsel for Respondent No.2 as also learned counsel for the
State are present.
2. The petition has been filed for:-
“quashing and setting aside the
order dated 21.12.2023 taking cognizance
against the appellants for the offences
punishable under section 147, 148, 149, 448,
341, 323, 324, 307, 379, 354(B), 504 506 of
the Indian Penal Code and under section 3
(i) (r)/3 (i) (g)/3 (i) (p)/3 (i) (z) of the SC/ST
Patna High Court CR. APP (SJ) No.5693 of 2024(3) dt.06-03-2025
2/3(prevention of Atrocities) Act exercising
power under section 319 of the Code of
Criminal Procedure by learned Exclusive
special Judge SC/ST (POA) Act, Patna in
Spl. Case No. 21/2018 arising out of SC/ST
PS Case No. 03/2018.
3. Admit.
4. Learned counsel appearing for Respondent no. 2
has raised the preliminary question that the appeal under Section
14A of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 (for short, ‘the Act 1989’) prevents that
filing of the appeal beyond the period of 180 days.
5. Section 14A of ‘the Act 1989’ reads as follows:-
“Section 14A of the Scheduled
Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989 allows an appeal to
the High Court from a judgment, sentence, or
order of a Special Court or an Exclusive
Special Court.”
6. He has further submitted that so far as paragraph-8
of the appeal is concerned, wrong facts have put on therein.
7. Be that as it may, since there is no appearance on
Patna High Court CR. APP (SJ) No.5693 of 2024(3) dt.06-03-2025
3/3
behalf of the appellant, the same is dismissed for non
prosecution.
(Rajiv Roy, J)
perwez
U T