DADUBHA MANSIBHA KER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed Criminal Misc. Application No. 51 of 2020 before the court of learned Special Judge, Devbhumi Dwarka at Khambaliya u/s 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on regular bail on account of offence being registered vide CR No. I-40 of 2019 with Mithapur Police Station for the offence punishable u/s 354, 366, 323, 504, 506(2), 114 of the Indian Penal Code and u/s.3(2)(v), 3(2)(v-a), 3(1)(w)(1), 3(1)(w)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein the learned Special Judge, Devbhumi Dwarka at Khambaliya rejected the said application on 13.02.2020.

(2.) Feeling aggrieved by the said order, the appellant preferred said appeal u/s 14A of the Atrocities Act. Heard learned advocate for the applicant and learned APP for the respondent-State.

(3.) The applicant has filed service affidavit of notice to the respondent no.2. However, notice was served to the respondent no.2 and the same is confirmed by learned APP through Police Officer of Mothapur Police Station ie. Head Constable namely Shaktidan Hardasbhai Gadhavi, Buckle No. 295, nobody is appeared to contest the appeal nor any advocate is engaged by the complainant-respondent no.2. Thus, no arguments are advanced for and on behalf of the respondent no.2. It also appears from the order passed by learned Special Judge, Devbhumi Dwarka at Khambhaliya in Criminal Misc. Application No. 51 of 2020 that complainant did not remain present before the learned Sessions Court.