Aasif Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 6833 MP

                                                                  1                              CRA-5413-2021
                             The High Court Of Madhya Pradesh
                                        CRA-5413-2021
                                             (AASIF KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)


   Gwalior, Dated : 25-10-2021
                     Shri Vipin Babu Sharma, learned counsel for the appellant.

                     Shri PPS Bajeeta, learned PP for the respondent/State.

Appellant has wrongly filed appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 whereas he ought to have filed application under Section 439 of Cr.P.C.

simplicitor in view of the judgment of Division Bench of this Court in the case o f Pramod Yadav Vs. State of M.P. 2021 JLJ (2) 429 whereby the order of Single Judge in the case of Sunita Gandharva Vs. State of M.P. 2020 (3) MPLJ (Cri.) 247 has been confirmed, thus, learned counsel for the appellant seeks withdrawal of this application with liberty to prefer regular bail application under Section 439 of Cr.P.C.

Prayer accepted.

Appeal is dismissed as withdrawn with the aforesaid liberty. Certified copy of the order be provided to the counsel for the

appellant after replenishing it with photocopy.

(ANAND PATHAK) JUDGE

Anil*

ANIL Digitally signed by ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF

KUMAR MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

CHAURA st=Madhya Pradesh, 2.5.4.20=8512f40a1a9eaa50b680 2d068b51dae27e84c266b09d28

SIYA 3f0799e67cdc7df50f, cn=ANIL KUMAR CHAURASIYA Date: 2021.10.25 14:39:22 -07'00'