IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 10 OF APRIL, 2024 CRIMINAL APPEAL No. 3459 of 2024 BETWEEN:-

PRASHANT THAKUR S/O LATE HARISH THAKUR, AGED ABOUT 24 YEARS, RESIDENT PANSARI MOHALLA POLICE STATION GORAKHPUR DISTRICT JABALPUR (MADHYA PRADESH)

.....APPELLANT (BY SHRI VIPIN YADAV - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GORAKHPUR DISTRICT JABALPUR (MADHYA PRADESH)

2. SMT KUSUM BAI AGED ABOUT 50 YEARS, R/O NEAR HOUSE OF BADAL RAJPUT PEEPAL MOHALLA GORAKHPUR, DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI N.S. SOLANKI - PANEL LAWYER)

This appeal coming on for admission this day, the court passed the following:

ORDER

This fourth criminal appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed assailing the order dated 15.06.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, Jabalpur (M.P.), whereby appellant's bail application under Section 439 of Cr.P.C. has been dismissed by the trial Court.

2. Order dated 15.06.2023 was challenged before this Court by filing Signature Not Verified repeated appeals which were dismissed vide order dated 28.06.2023 passed in Criminal Appeal No.8706/2023, order dated 19.10.2023 passed in Criminal Appeal No.12309/2023 and order dated 03.11.2023 passed in Criminal Appeal No.13723/2023.

3. The question which arise for consideration is whether second or more appeal under Section 14-A of the SC/ST (Prevention of Atrocities) Act can be repeatedly filed against one and same order by which an application under Section 439 of Cr.P.C. has been dismissed by the trial Court.

4. In the case, three appeals preferred assailing order dated 15.06.2023 have already been dismissed. As per the law laid down by the Co-ordinate Bench of this Court in the case of Ketan vs. The State of M.P. and others order dated 31.08.2023 passed in Cr.A. No.7453/2023, in para 20 and 21 of the order, Co-ordinate Bench has held that an appeal under Section 14-A (2) of the Act is maintainable against a fresh order passed by the Special Court rejecting the subsequent application for grant of bail irrespective of the fact whether the appeals are mentioned as second, third or fourth. The mere mentioning of criminal appeal as second, third or fourth would not change the right of the applicant to challenge the fresh order.

5. A Divisional Bench of the High Court of Chhattisgarh in the case of Dushyant Pandey vs. State of Chhattisgarh by order dated 12.04.2023 passed in Cr.A. No.1797/2022 also answered the reference in following terms.

Para 31 is reproduced as under:

"Thus, we are of the considered opinion that once the appeal under Section 14A(2) of the POA Act is dismissed by this Court on merits, the subsequent appeal under any Signature Not Verified change of circumstances would not be maintainable for two reasons firstly, that by the statutory scheme of appeal enacted under Section 14A, the jurisdiction of this Court under Section 439 of the CrPC stands impliedly excluded as the power to grant bail under Section 439 of the CrPC has now only been vested to the Special Court constituted under Section 14 of the POA Act and this Court is only empowered to hear appeal under Section 14A(2) of the POA Act against refusal or grant of bail by the Special Court under the POA Act and secondly, that entertaining the subsequent appeal under change of circumstances directly would amount to review of its earlier order which is expressly provided by Section 362 of the CrPC, as the Court has also become functus officio in respect of that matter. Accordingly, we hereby answer the reference as under: -

1. Once an appeal under Section 14A of the POA Act against the order passed by the Special Court rejecting the application under Section 439 of the CrPC is decided on merits or otherwise by this Court, subsequent appeal under change of circumstances would not be directly