Baijnath vs State Of U.P. & Anr.
2019 Latest Caselaw 6044 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- CRIMINAL APPEAL No. - 430 of 2019
 

 
Appellant :- Baijnath
 
Respondent :- State Of U.P. & Anr.
 
Counsel for Appellant :- Dinesh Chandra Shukla,Anjali Misra
 
Counsel for Respondent :- Govt. Advocate,Rajesh Kumar Gupta
 

 
Hon'ble Pritinker Diwaker,J.

Heard Shri Dinesh Chandra Shukla, learned counsel for the appellant and Shri Dhananjai Kumar Singh, learned AGA for the State.

Counsel for the appellant submits that when his bail application was rejected by the Special Court, at that time offence under Sections 3 (1) (dha) and 3 (2) (5) of SC/ST (Prevention of Atrocities) Act was registered against the appellant. He submits that on 03.02.2019, the case was closed against the appellant as the prosecution did not find any material against him. He further submits that for the reasons best known to the prosecution, a supplementary charge sheet was filed against the appellant on 14.02.2019 under Sections 147, 148, 307, 302, 323 504, 506 and 120-B of IPC. He submits that as the appellant himself belongs to Scheduled Caste, charge sheet has not been filed against him under the provisions of the Special Act.

Learned counsel further submits that in view of non registration of any case against the appellant under the Special Act, now his application under Section 439 Cr.P.C. is to be tried by the Sessions Court and as such this appeal in its present form is not tenable. He submits that he may be permitted to withdraw the appeal with liberty to file a fresh application under Section 439 Cr.P.C. before the Sessions Court and the Sessions Court be directed to decide the same in accordance with law.

State Counsel has no objection insofar as withdrawal of this appeal is concerned. He, however, submits that once the case has already been considered by the trial court, fresh application under Section 439 Cr.P.C. may not be tenable before the trial Judge. He further submits that even otherwise the Special Court can also decide the application to be filed by the accused, if the case is nominated to the said Court.

Be that as it may, as, for time being, there is no offence against the appellant under the provisions of Special Act, this appeal is not tenable. It is accordingly dismissed as withdrawn. However, the appellant is at liberty to file a fresh application before the trial Court under Section 439 Cr.P.C. Needless to say that in the eventuality of filing such application, it would be open for the trial Court to act in accordance with law.

It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court shall be at liberty to decide the bail application strictly in accordance with law.

Order Date :- 9.7.2019

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