Rajkumar Thakur vs The State Of Madhya Pradesh
2021 Latest Caselaw 2806 MP

                                                         1                             CRA-3499-2021
                              The High Court Of Madhya Pradesh
                                         CRA-3499-2021
                                 (RAJKUMAR THAKUR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      2
                      Jabalpur, Dated : 29-06-2021
                             Through Video Conferencing.
                             Shri Siddharth Datt, counsel for the appellant.
                             Shri Ajay Shukla, Panel Lawyer, for the respondent/State.

This case is listed for consideration on the question of maintainability of petition.

As per office objection, an application under section 439 of CrPC should be filed instead of appeal under section 14-A of Atrocities Act in the light of the judgment passed by the Division Bench of this High Court on 22.4.2021 in case of Pramod Yadav Vs. State of M.P.(Criminal Appeal No.5189/2020).

It is true that the offence has been registered on both acts i.e. POCSO Act and SC/ST (Prevention of Atrocities) Act. The question referred to the Division Bench was answered in Paras 29 and 30. As per the aforesaid answer, if the offence is registered under both acts, then the matter will be

heard by the Judge, who is authorized under POCSO Act. If the aforesaid Judge decides the aforesaid application for bail, then application under section 439 of CrPC will be filed before the High Court. But if the application is decided by the Special Judge under Atrocities Act, then the provisions of Atrocities Act will be attracted and the appeal under section 14- A of SC/ST (Prevention of Atrocities) Act will lie. In this case the impugned order dated 5.3.2021 has been passed by the Special Judge under the Atrocities Act. It means at the time of deciding the aforesaid application, the case was pending before the Special Judge, Atrocities Act. Against the aforesaid order, the appeal shall lie under section 14-A of SC/ST (Prevention of Atrocities) Act.

Signature Not Therefore, the default pointed out by the Registry is ignored. SAN Verified

Digitally signed by TRUPTI GUNJAL Date: 2021.06.30 10:44:28 IST 2 CRA-3499-2021 The petition is tenable.

State is directed to serve the notice upon the victim positively before the next date of hearing and also call the case diary along with the previous criminal record of the appellant.

List this case after 2 weeks.

(B. K. SHRIVASTAVA) JUDGE

TG /-

Signature
 SAN      Not
Verified

Digitally signed by
TRUPTI GUNJAL
Date: 2021.06.30
10:44:28 IST