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DILIP B.BHOSALE, RAMESH SINHA, YASHWANT VARMA
In Re Provision of Section 14a of SC/ST (Prevention of Atrocities) Amendment Act, 2015 – Appellant
Versus
Nil – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner in Criminal Writ-Public Interest Litigation No.8 of 2018: Suo Motto
For the Applicant in Criminal Misc. Bail Application No.38755 of 2017:Sujan Singh and Kamlesh Kumar Dwivedi, Advocate
For the Opp. Party in Criminal Misc. Bail Application No.38755 of 2017: G.A., Brijesh Kumar Pandey
For the Petitioner in Criminal Writ-Public Interest Litigation No.11 of 2018:Vishnu Bihari Tewari, Advocate
For the Respondent in Criminal Writ-Public Interest Litigation No.11 of 2018: A.S.G.I., G.A., Jai Shanker Audichya

JUDGMENT

Dilip B Bhosale, C.J.—The order of reference dated 21 December 2017 in Satyendra & Another Vs. State of Uttar Pradesh [Criminal Misc. Bail Application No. 38755 of 2017], passed by a learned Single Judge, while dealing with three Criminal Misc. Bail Applications and a Criminal Appeal (Defective), takes a divergent view from the one expressed by another learned Single Judge in Janardan Pandey vs State of Uttar Pradesh (Criminal Appeal No.2943 of 2017) and Rohit vs State of Uttar Pradesh (Criminal Appeal Defective No.523 of 2017). In all these cases, the provisions of Section 14A of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short “the Amending Act”) fell for consideration. Apart from the divergent opinions expressed in the above cases, on the questions centering around Section 14A of the Amending Act, we have also taken suo moto cognizance of the issues arising therefrom in Criminal PIL No. 8 of 2018. We had accordingly clubbed the aforementioned two matters together.

2. In the meanwhile Sri Vishnu Bihari Tiwari, a practicing Advocate of this Court preferred Criminal Writ-Public Interest Litigation No. - 11 of 2018 challenging

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