A.K.MOHAPATRA
Smrutikant Rath – Appellant
Versus
State of Odisha – Respondent
ORDER
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. The present criminal appeal is being taken up for hearing in question of the maintainability.
3. A report attached to the criminal appeal dated 02.12.2021 by the Stamp Reporter reveals that this criminal appeal files under Section 14-A(2) of S.C. and S.T. (P.A.) Act, 1989 may not lie to the Hon’ble Court as impugned order of taking cognizance has been passed on 12.04.2021.
4. Heard Mr. S. Panda, learned counsel for the appellant and Mr. M.K. Mohanty, learned Additional Standing for the State.
5. Mr. Panda, learned counsel for the appellant submits that the present criminal appeal against the order dated 12.04.2021 passed in C.T. Case No.144 of 2020 by the learned Presiding Officer, Special Court (SC/ST, POA Act), Cuttack taking cognizance of the offences and issuing summons for appearance is maintainable in view of the provisions contained in Section 14-A of the S.C and S.T. (PoA) Act, 1989. He further submits that S.T. (PoA) Act, 1989 being a special statute shall over ride the provisions of the Cr.P.C. in the aforesaid context. He further submits that the appellant has rightly filed the app
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