Chintu Kumar @ Chandu vs The State Of Bihar on 21 November, 2024

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Patna High Court - Orders

Chintu Kumar @ Chandu vs The State Of Bihar on 21 November, 2024

Bench: Chandra Shekhar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5250 of 2024
                      Arising Out of PS. Case No.-314 Year-2024 Thana- GAURICHAK District- Patna
                 ======================================================
           1.     Chintu Kumar @ Chandu son of Arun Singh village- Gopalpur, Ps-
                  Gaurichak, Dist- Patna
           2.    Lawjit Kumar son of Late Anuj Singh village- Gopalpur, Ps- Gaurichak,
                 Dist- Patna
           3.    Pinku Kumar Son of Late Rajballam Singh village- Gopalpur, Ps-
                 Gaurichak, Dist- Patna
                                                                 ... ... Appellants
                                           Versus
           1.    The State of Bihar
           2.     Rajmani Devi Wife of Birender Das village- Gopalpur, Ps- Gaurichak, Dist-
                  Patna
                                                                         ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.N.K. Agrawal, Sr. Advocate
                                                  Mr.Manoj Kumar Pandey, Advocate
                 For the Respondent/s    :        Mr.Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   21-11-2024

Heard Mr. N.K. Agrawal, learned senior counsel for the appellants and Mr. Binay Krishna, learned Special Public Prosecutor for the State.

2. It appears out of submission of Mr. Agrawal, learned senior counsel that the impugned order dated 19.10.2024, wherein proclamation initiated under Section 82 of the Code of Criminal Procedure (in short 'Cr.P.C.') against the appellants, is bad in the eyes of law.

3. It is pointed out that same was issued without any service of summon and warrant as issued earlier by Patna High Court CR. APP (SJ) No.5250 of 2024(2) dt.21-11-2024 2/3 learned Special Court/Trial Court.

4. At this stage, Mr. Binay Krishna, learned Special Public Prosecutor for the State submitted that the order under challenge is interlocutory order and still the matter is under investigation. It is further submitted that if the appellants are aggrieved with the order as passed under Section 82 of the Cr.P.C., the remedy is available under Sections 83 and 84 of the Cr.P.C. Learned Spl.P.P. submitted that being the interlocutory order, appeal is not maintainable under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. Raised issue, requires thoughtful consideration.

6. Considering aforesaid, further action qua appellants, in terms of impugned order, shall remain stayed till next date of hearing.

7. Office is directed to issue Court notice to the informant/respondent no.2 as per address mentioned in the F.I.R., under both process, i.e., ordinary as well as registered cover with A/D, regarding present court proceedings.

8. As alternate, learned Special Public Prosecutor Patna High Court CR. APP (SJ) No.5250 of 2024(2) dt.21-11-2024 3/3 for the State is also directed to inform the informant/ respondent no. 2 through concerned Superintendent of Police/local S.H.O. about the present Court proceedings, in view of Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 before next date of hearing.

9. Re-notify this matter on 28th November, 2024, position be retained.

(Chandra Shekhar Jha, J.) Rajeev/-

U      T

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Patna High Court - Orders