Back
VIJAY KUMAR SHUKLA
Ketan – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. overview of appeal under poa act (Para 1 , 2 , 3) |
| 2. maintainability of appeal with changed circumstances (Para 4 , 5 , 10 , 21) |
| 3. case references supporting bail applications (Para 6 , 9 , 11 , 13) |
| 4. understanding the non-obstante clause (Para 8 , 14 , 15 , 18 , 19) |
| 5. conclusion on appeal maintainability (Para 20 , 22) |
JUDGMENT :
Vijay Kumar Shukla, J.
The present criminal appeal is filed under section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as POA Act) read with section 439 of CRIMINAL PROCEDURE CODE .
2. Counsel for the State raised preliminary objection regarding maintainability of the appeal with the contention that the 2nd Criminal Appeal under section 14-A(2) of POA Act once dismissed is not maintainable in view of the judgment passed by Coordinate Bench at Gwalior in Criminal Appeal No. 1502/2023, Neeraj Verma vs. State of M. P. and anr. He referred the para-6 and 7 of the said judgment which is reproduced as under :—
A second criminal appeal against the same order rejecting bail is not maintainable after an initial dismissal under Section 14(A) of the Special Act.
availability of the remedy of appeal under sub-section (2) of Section 14-A of the SC and ST Act, it will not be open for the High Court to exercise the original or concurrent jurisdiction under Secti....
The inherent powers under Section 482 Cr.P.C. cannot be invoked when a statutory remedy is available under Section 14-A of the SC/ST Act, emphasizing the primacy of statutory provisions in criminal p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
