Banshi Giri @ Banti vs State Of Rajasthan
2021 Latest Caselaw 18110 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Criminal Appeal No. 137/2021

Banshi Giri @ Banti

----Appellant Versus State Of Rajasthan

----Respondent

For Appellant(s) : Mr. D.S. Rathroe For Respondent(s) : Mr. Arun Kumar, P.P.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

Order

01/12/2021

Two appeals, bearing D.B. Criminal Appeal

Nos.137/2021 and 128/2021, have been filed on behalf of the

appellant against the same judgment dated 01.10.2021 passed by

the learned Special Judge, SC/ST Act Cases, Chittorgarh in

Session Case No.122/2019. The instant appeal was filed prior in

point of time. Thus, the duplicate appeal bearing No.128/2021

filed by counsel Mr. Kaluram Bhati is dismissed (by a separate

order) without prejudice to the right of the appellant to assail the

impugned judgment in the instant appeal.

Learned counsel for the appellant shall modify the

subject matter because the appeal has been preferred against the

judgment of the Special Judge, SC/ST Act and conviction of the

appellant has also been recorded for the offence punishable under

Section 3(2)(v) of the SC/ST Act and thus, the appeal has to be

(2 of 2) [CRLAD-137/2021]

filed under Section 14A of the SC/ST (Prevention of Atrocities) Act.

Furthermore, it is essential to implead the complainant as party

respondent in the appeal. Learned counsel for the appellant shall

do the needful within 7 days.

Office to proceed.

(SAMEER JAIN),J (SANDEEP MEHTA),J

33-/devesh/-

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