Shaji vs State Of Kerala
2023 Latest Caselaw 11579 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
          Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
                        CRL.A NO. 1649 OF 2023(FILING NO.)
       CRIME NO.1808/2014 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
ORDER DATED 07.06.2023 IN M.C.29/2023 IN SC 1519/2017 OF SPECIAL JUDGE COURT FOR
                    TRIAL OF SC/ST CASES, THIRUVANANTHAPURAM.
  APPELLANTS/SURETIES:

    1. SHAJI, AGED 60 YEARS, S/O GOPINATHAN, 6/417, YAMUNA MANDIRAM,
       NAGAROOR P.O., NAGAROOR, THIRUVANANTHAPURAM, PIN - 695601.
    2. JAYACHANDRAN,AGED 55 YEARS, S/O BAHULEYAN, 12/183, SOUBHAGYA,
       THEKKINKADU, NAGAROOR P.O., NAGAROOR, THIRUVANANTHAPURAM, PIN -
       695601.

      BY ADVS.SAMPATH V. TOMS,AMBROSE JUDE DCRUZ,SREENA B.S. & SHIBU BABU.
  RESPONDENTS/STATE:

    1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
       KERALA, PIN - 682031.
    2. STATION HOUSE OFFICER, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
       DISTRICT, PIN - 695101.

       This Unnumbered Criminal Appeal--/2023 (Filing.No.1649/2023) having
  come up for orders on 08.11.2023, the court on the same day passed the
  following:

                                                               (P.T.O)
                     P.G. AJITHKUMAR, J.
 --------------------------------------------------------------
              Unnumbered Crl.Appeal of 2023
                    (F.No.1649 of 2023)
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        Dated this the 8th day of November, 2023


                          ORDER

An appeal against any judgments, sentence or order,

not being an interlocutory order, of a Special Court or

Exclusive Special Court under the Scheduled Caste

Scheduled Tribe (Prevention of Atrocities) Act, 1989 shall be

filed before the High Court, notwithstanding the provisions

of Code of Criminal Procedure, 1973 owing to the provisions

under Section 14A of the Act. It is true that an order under

Section 446(1) of the Code is appealable under Section

449. Notwithstanding the provisions contained in the Code

governing appeals against judgment and sentence, an

appeal against judgment or sentence, by a Special Court or

Exclusive Special Court shall be filed under the provisions of

Section 14A of the SC/ST Act. Applying that analogy, an

order under Section 446(1) of the Code also shall be filed

as provided in Section 14A of the SC/ST Act.

Unnumbered Crl.Appeal of 2023 (F.No.1649 of 2023)

Hence the defect is sustained.

Sd/-

P.G. AJITHKUMAR, JUDGE

PV

08-11-2023 /True Copy/ Assistant Registrar