Kuwar Pal vs The State Of Madhya Pradesh
2022 Latest Caselaw 262 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      CRA-7733-2021
              Kuwar Pal Vs. State of MP and anr.

Gwalior, Dated : 05.01.2022

      Shri Brajesh Kumar Tyagi, Counsel for the appellant.

      Shri APS Tomar, Counsel for the respondent No. 1/State.

None for the respondent No. 2/complainant.

It is submitted by the counsel for the State that the complainant

has been informed about the pendency of this appeal as required under

Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act (in short "Act of 1989").

Case diary is available.

This third criminal appeal has been filed under Section 14-A (2)

of the Act of 1989 against the order dated 10.05.2021 passed by Special

Judge (Atrocities), Ashoknagar, rejecting the bail application.

The appellant has been arrested on 05.12.2020 in connection with

Crime No.605/2020 registered by Police Station Isagarh Distt.

Ashoknagar for offence punishable under Sections 376, 341, 506 of IPC

and Sections 3(1)(w)(ii), 3(2)(va) of the Act of 1989 and Section 3/4 of

Protection of Children from Sexual Offences Act, 2012 (in short

"POCSO Act")

It is submitted by the counsel for the appellant that he has filed

the present criminal appeal under Section 14-A of the Act of 1989, but

in view of the judgment passed by the Division Bench of this Court, the

application under Section 439 of CrPC would be maintainable as an

THE HIGH COURT OF MADHYA PRADESH CRA-7733-2021 Kuwar Pal Vs. State of MP and anr.

offence under POCSO Act has also been registered. It is submitted that

either he may be granted a week's time to file a necessary application

for conversion of this appeal into an application under Section 439 of

CrPC or his verbal prayer may be accepted for the same.

Considered the submissions made by the counsel for the

applicant.

In view of the law laid down by the Division Bench of this Court

at Principal Seat, Jabalpur by order dated 22.04.2021 passed in Cr.A.

No.5189/2020 (Pramod Yadav Vs. State of M.P.), wherein it has been

held that where the offences under the Act of 1989 as well as the

POCSO Act have been registered, then the trial shall be conducted as

per provisions of POCSO Act, therefore, this Criminal Appeal filed

under Section 14-A(2) of the Act of 1989 is not maintainable and in

fact, the application under Section 439 of Cr.P.C should have been filed.

Prayer for conversion is based on the judgment passed by the

Division Bench of this Court in the case of Pramod Yadav (supra),

accordingly, verbal prayer is allowed.

The Office is directed to register this case as Miscellaneous

Criminal Case under Section 439 of CrPC.

With aforesaid observations, this criminal appeal is finally

disposed of.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.01.06 16:53:44 +05'30'