ABDUL HALIM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Vide order dtd. 25/7/2023, notices were directed to be issued upon respondent no.2 and interim protection was provided to the petitioner in W.P.(Cr.) No.371 of 2023. On 13/9/2023, W.P. (Cr.) Nos. 371 of 2023 and 393 of 2023 were adjourned on the submission of the learned counsel for the State as on that day, Mr. Manoj Kumar, learned G.A.-III was indisposed With With and the matters were again taken on 5/10/2023 and on that day, Mr. Kaushik Sarkhel, learned counsel for respondent no.2 raised preliminary objection with regard to maintainability of the writ petitions under Article 226 of the Constitution of India on the ground that if the case is arising under the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the provision of appeal under Sec. 14A of the said Act is there and in view of that, the writ petitions are not maintainable and on that day, W.P.(Cr.) Nos. 371 of 2023 and 393 of 2023 were adjourned and directed to be tagged with W.P.(Cr.) No.327 of 2023 to address on the preliminary issue.

(2.) Accordingly, these matters have been listed today for addressing the issue on the point of maintainability of the writ petitions under Article 226 of the Constitution of India.

(3.) Heard Mr. Pandey Neeraj Rai and Mr. Sumeet Gadodia, learned counsel for the petitioners, Mr. Kaushik Sarkhel, learned counsel for respondent no.2 and Mrs. Vandana Singh and Mr. Deepankar, learned counsel for the State on the point of maintainability of the writ petitions.