Sandeep Kumar Gaikwal vs State Of Madhya Pradesh
2023 Latest Caselaw 5965 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                                ON THE 12 th OF APRIL, 2023
                                        MISC. CRIMINAL CASE No. 13349 of 2023

                          BETWEEN:-
                          SANDEEP KUMAR GAIKWAL S/O SHRI ASHOK DAS
                          GAIKWAL, AGED ABOUT 33 YEARS, OCCUPATION:
                          LABOUR R/O VILL. MARGAON P.S. SAMNAPUR TEHSIL
                          AND DISTT. DINDORI (MADHYA PRADESH)

                                                                                        .....APPLICANT
                          (BY SHRI ASHUTOSH DUBEY - ADVOCATE )

                          AND
                          STATE OF MADHYA PRADESH THROUGH P.S.
                          SAMNAPUR TEHSIL AND DISTT. DINDORI (MADHYA
                          PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)

                                This application coming on for orders this day, th e court passed the
                          following:
                                                             ORDER

When learned counsel for the applicant raised objection regarding maintainability of application in the light of judgment passed in the case of Sunita Gandharva Vs. State of M.P. reported in 2020(3) MPLJ (Cri.) 247. Later on, affirmed by Division Bench of this Court in case of Pramod Kumar Yadav Vs. State of M.P. reported in 2021 JLJ (2) 429, then counsel for the applicant sought withdrawal of the application filed under Section 439 of Cr.P.C. with liberty to file properly constituted appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Signature Not Verified Signed by: VIKRAM SINGH Signing time: 4/13/2023 10:28:46 AM

Prayer noted.

The application stands dismissed as withdrawn with the aforesaid liberty.

Certified copy of the impugned order be returned back to the applicant after replenishing it with photocopy.

C.C. as per rules.

(ANAND PATHAK) JUDGE Vikram

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 4/13/2023 10:28:46 AM