ORAL JUDGMENT
Date: 05-12-2017
Heard learned counsel for the petitioners and learned Special Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the order dated 18.10.2016 passed by the learned Special Judge, (SC/ST Act), Kishanganj in SC/ST Case No.05 of 2016 by which he has summoned the petitioners in exercise of powers conferred under Section 204 of the Cr. P.C. under Sections 376/511 of the Indian Penal code and Sections 3(1)(e)(r)(s)(w) and 2(iv)(a) of the Scheduled Castes and Scheduled (Prevention of Atrocities) Act, 1989 (for short 'the Act').
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Patna High Court Cr.Misc. No.55938 of 2017 dt.05-12-2017
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In view of the ratio laid down by this Court in
Bisheshwar Mishra and Anr. vs. State of Bihar [(2016) 4 PLJR 1058] and in view of statutory provision prescribed under Section 14-A(1) of the Act, the instant application in its present form under Section 482 of the Cr.P.C. is not maintainable. It is dismissed, accordingly.
However, the petitioners would be at liberty to
challenge the impugned order by filing an appeal under Section 14-A(1) of the Act before this Court.
It is needless to say that this Court has not applied its mind to the merits of the case.
In case the petitioners file a photostat copy of the impugned order dated 18.10.2016 as contained in Annexure-3 to the present application, the Registry is directed to place the same on record and return the certified copy to the counsel for the petitioners without any delay.
(Ashwani Kumar Singh, J.)
Sanjeet/-
| AFR/NAFR |
NAFR |
| CAV DATE |
NA |
| Uploading Date |
06.12.2017 |
| Transmission Date |
06.12.2017 |
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