Subhash Narayan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2788 MP

                                                                       1
                                      IN     THE      HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                              BEFORE
                                           HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                        ON THE 15 th OF FEBRUARY, 2023
                                                       CRIMINAL APPEAL No. 1842 of 2023

                                     BETWEEN:-
                                     SUBHASH NARAYAN SINGH S/O SHRI RAVI SINGH,
                                     AGED ABOUT 53 YEARS, OCCUPATION: ADVOCATE AND
                                     WARD MEMBER (PARSHAD) OF WARD NO. 7 NAGAR
                                     PARISHAD NAOROZABAD WARD NO 10 HOSPITAL
                                     COLONY NAOROZABAD (MADHYA PRADESH)

                                                                                                    .....APPELLANT
                                     (BY SHRI KULDEEP SINGH - ADVOCATE )

                                     AND
                                     1.    THE STATE OF MADHYA PRADESH THROUGH
                                           POLICE  STATION  NAOROZABAD   UMARIA
                                           (MADHYA PRADESH)

                                     2.    SMT. KUSHAL SINGH W/O BABLA SINGH GOND,
                                           AGED    ABOUT     45  YEARS, OCCUPATION:
                                           CHAIRMAN NAGARPARISHAD NAOROZABAD
                                           DISTRICT UMARIA (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                     (RESPONDENT No.1/STATE BY SHRI P.K. CHOUBEY - GOVERNMENT
                                     ADVOCATE)
                                     (OBJECTOR BY MS. SANA KHAN - ADVOCATE)

                                           This appeal coming on for admission this day, th e court passed the
                                     following:
                                                                        ORDER

Appellant has preferred this first Criminal Appeal under Section 14-A (1) of the SC/ST (PA) Act, 1989 feeling aggrieved with the order dated 23.01.2023, Signature Not Verified SAN passed in B.A. No. 22/2023 by passed by Special Judge (Atrocities), Umariya District - Umariya whereby the prayer for anticipatory bail of the appellant has Digitally signed by AMITABH RANJAN Date: 2023.02.16 15:02:52 IST

been declined.

The appellant is apprehending his arrest in connection with Crime No. 16/2023 registered at Police Station Naorozabad District-Umariya for commission of offence punishable under Sections 294, 506 of the IPC and Section 3(1)(da), 3(1) (dha), 3(2) (5-ka) of the SC/ST (Prevention of Atrocities) Act.

As per the case of prosecution, on 17.09.2022 the respondent No.2 who is the president of Nagarparishad Naorozabad, district Umariya was insulted by the present appellant by using filthy words. On the basis of which case has been registered against the appellant.

Learned counsel for the appellant submitted that the appellant is innocent and he has been falsely implicated in the present crime. It is further submitted that there is a delay of four months in lodging of the FIR and no plausible explanation has been offerred by the complainant for the aforesaid delay. It is further submitted that, appellant is a reputed person of the society and also a practicing lawyer. It is also submitted that the ingredients of Sections SC/St (PoA) Act is missing in the present case. To buttress his contention, learned counsel for the appellant placed reliance on the judgment of Hon'ble the Apex Court in the case of Dr. Subhash Kashinath Mahajan Vs. State of Maharashtra (2018) 6 SCC 45 and Prithviraj Chouhan Vs. Union of India (2022)4 SCC 727. Under these circumstances, counsel prayed for anticipatory bail to the appellant.

Learned Government Advocate for the respondent/State as well as counsel for the objector opposed the appeal and prayed for its rejection. Signature Not Verified SAN

On perusal of the case diary, it reveals that nothing on record to show Digitally signed by AMITABH RANJAN Date: 2023.02.16 15:02:52 IST

that, prima facie the provisions of Atrocities Act are not attracted in the present

case, therefore, considering the facts and circumstance of the case and the arguments advanced by learned counsel for the parties, this Court is of the view that the appeal filed by the appellant deserves to be rejected.

Consequently, the appeal filed by the appellant is hereby dismissed.

(RAJENDRA KUMAR (VERMA)) JUDGE Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2023.02.16 15:02:52 IST