Shivshankar Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 4477 MP

Madhya Pradesh High Court

Shivshankar Singh vs The State Of Madhya Pradesh on 17 February, 2025

NEUTRAL CITATION NO. 2025:MPHC-GWL:3343




                                                 1                           CRA-13584-2024
                  IN          THE   HIGH COURT OF MADHYA PRADESH
                                          AT GWALIOR
                                                BEFORE
                              HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                     ON THE 17th OF FEBRUARY, 2025
                                    CRIMINAL APPEAL No. 13584 of 2024
                                         SHIVSHANKAR SINGH
                                               Versus
                              THE STATE OF MADHYA PRADESH AND OTHERS
             Appearance:
                       Shri Dhirendra Singh Niranjan - Advocate for the appellant.
                       Shri Saket Udeniya - Public Prosecutor for respondent No.1/State.
                       Shri Neeraj Kumar Dhamaniya - Advocate for respondent No.2.

                                                     ORDER

This criminal appeal under Section 14 (A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "SC/ST Act") filed by the appellant assailing the order dated 02.12.2024 passed by Special Judge, SC/ST Act, Datia, whereby, application preferred by the appellant herein under Section 482 of BNSS, 2023 relating to Crime No.715 of 2024 registered at Police Station Kotwali, District Datia

(M.P.) for the offence under Sections 296, 115(2), 351(2) of BNS and Sections 3(1)(Da)(Dha) and 3(2)(va) of the Act has been rejected.

2. Learned counsel for the appellant requests to withdraw this appeal. He further requests that a direction may be issued to the Investigation Officer/Trial Court to comply with the directions of the Supreme Court in

cases of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, Satender

NEUTRAL CITATION NO. 2025:MPHC-GWL:3343

2 CRA-13584-2024 Kumar Antil Vs. Central Bureau of investigation (2022) 10 SCC 51 and Notification No.A/5666/III-2-9/40 Pt-I F.No.15 dated 20/09/2023 issued by High Court of Madhya Pradesh, Jabalpur.

3. Request accepted.

4 . The appeal is dismissed as withdrawn with direction that the Investigation Officer/Trial Court shall ensure strict compliance with the guidelines and directions laid down in cases of Arnesh Kumar and Satender Kumar Antil (Supra) as well as in the light of aforesaid notification issued by High Court of Madhya Pradesh and Para 9 and 10 of judgment of Siddharth vs. State of Uttar Pradesh & Another, reported in (2022) 1 SCC 676 and Amanpreet Singh Vs. CBI 2022 (13) SCC 764.

C.C. as per rules.

(RAJENDRA KUMAR VANI) JUDGE

ms/-