Salman Mansoori vs The State Of Madhya Pradesh
2021 Latest Caselaw 449 MP

                                                        1                                CRR-349-2021
                              The High Court Of Madhya Pradesh
                                         CRR-349-2021

(SALMAN MANSOORI Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 03-03-2021 Shri Sanjay Gupta, counsel for the petitoner. Heard on the maintainability of the petition. As per office objection, in this case, the criminal appeal under Section 14-A of Atrocity Act should be filed.

It appears from the record that this revision has been preferred against

the order of framing the charges against the petitioner under various sections of I.P.C. including the Sections of S.C./S.T. Act.

Section 14-A of S.C./S.T. Act says :-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law.

(2) Notwithstanding anything contained in sub-section (3) of

Section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail.

(3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days :

Signature Not Provided further that no appeal shall be entertained after the SAN Verified

Digitally signed by VAIBHAV YEOLEKAR Date: 2021.03.03 16:48:52 IST 2 CRR-349-2021 expiry of the period of one hundred and eighty days.

(4) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal. Therefore, it appears that the specific provision is available for filing the appeal against the order granting the bail or refusing the bail but Section

14A (1) provides that the appeal will lie against any judgment, sentence and order, not being an interlocutory order.

The framing of charges is an interlocutory order. Therefore, revision shall lie.

Hence, the objection raised by the office is hereby ignored. State is directed to call the complete photocopy of the challan. Learned counsel for the petitioner may also file the photocopy of the challan with page numbers without any typing work.

List this case for arguments in the week commencing 15 th March, 2021.

                                                                              (B. K. SHRIVASTAVA)
                                                                                      JUDGE


                      vy




Signature
 SAN      Not
Verified

Digitally signed by
VAIBHAV
YEOLEKAR
Date: 2021.03.03
16:48:52 IST