Amir Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 4067 MP

Madhya Pradesh High Court

Amir Khan vs The State Of Madhya Pradesh on 12 February, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                              ON THE 12 th OF FEBRUARY, 2024
                                            CRIMINAL APPEAL No. 15779 of 2023

                           BETWEEN:-
                           AMIR KHAN S/O SHRI KALLU KHAN, AGED ABOUT 36
                           YE A R S , OCCUPATION: LABOURER RESIDENT OF
                           STREET NO 02 BEHIND PHOOTA MAKBARA
                           KABRASTAN       HANUMANGANJ   BHOPAL SHAHRI
                           DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                         .....APPELLANT
                           (BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI MAYANK
                           SHARMA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION BAJARIYA DISTRICT BHOPAL
                                 (MADHYA PRADESH)

                           2.    SIVA BOHAT S/O SHRI RAJESH BOHAT, AGED
                                 ABOUT 27 YEARS, R/O HOUSE NO 149 STREET NO 5
                                 DWARKA NAGAR POLICE STATION BAJARIYA
                                 BHOPAL, DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI P.S. GAHARWAR - PANEL LAWYER)
                           (NONE FOR THE VICTIM DESPITE SERVICE OF NOTICE)

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

This third criminal appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed assailing the order dated 13.02.2023 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Bhopal.

This criminal appeal has been filed on 19.12.2023. Section 14-A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act makes it clear that notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of 90 days from the date of judgment, sentence or order appealed from. Provided that the High Court may entertain an appeal after the expiry of the said period of 90 days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of 90 days. Provided further that no appeal shall be entertained after the expiry of the period of 180 days. This appeal has been preferred after a period of 180 days, hence it being hopelessly time barred is

dismissed.

However, appellant may move an application for regular bail before the trial Court as per law.

(DINESH KUMAR PALIWAL) JUDGE ak