Sunil Jhariya Urf Mirchi vs The State Of Madhya Pradesh
2023 Latest Caselaw 617 MP

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                                      IN     THE       HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE ANAND PATHAK
                                                         ON THE 10 th OF JANUARY, 2023
                                                      CRIMINAL APPEAL No. 10347 of 2022

                                     BETWEEN:-
                                     SUNIL JHARIYA URF MIRCHI S/O SHRI PUSSU, AGED
                                     ABOUT 26 YEARS, OCCUPATION: LABOUR GRAM
                                     JAMTRA POLICE THANA BARELA DISTRICT JABALPUR
                                     M.P. (MADHYA PRADESH)

                                                                                                     .....APPELLANT
                                     (NONE FOR THE APPLICANT EVEN IN SECOND ROUND)

                                     AND
                                     1.    THE STATE OF MADHYA PRADESH THROUGH
                                           POLICE THANA BARELA DISTRICT JABALPUR
                                           M.P. (MADHYA PRADESH)

                                     2.    VICTIM X D/O NOT KWON THROUGH P.S. BARELA
                                           DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                                   .....RESPONDENT
                                     (BY SHRI AKSHAY NAMDEO- GOVERNMENT ADVOCATE)

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

                                     following:
                                                                         ORDER

The instant appeal is preferred under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

At the very outset, counsel for the respondent/State raised the objection that since offence under section 3/4 of POCSO Act and provisions of

Signature Not Verified SAN Atrocities Act are analogously tried, therefore, proper remedy in the present set

Digitally signed by RAVIKANT KEWAT of facts is to move appropriate application under section 439 of Cr.P.C. Date: 2023.01.10 19:38:56 IST

simplicitor in view of the judgment of Division Bench of this Court in the case of 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.

Considering the submissions and legal position, since the appellant is facing wrath of POCSO Act as well as Atrocities Act, therefore, he is directed to withdraw this appeal with the liberty to renew the prayer by way of regular bail application under Section 439 of Cr.P.C.

Office is directed to return certified copy of the order to the appellant after replenishing it with photocopy.

Appeal stands disposed of with the aforesaid liberty.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified SAN

Digitally signed by RAVIKANT KEWAT Date: 2023.01.10 19:38:56 IST