KANTIBHAI BABUBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present applications have been preferred by the applicant with a prayer to recall the orders dtd. 19/5/2023 passed by this court in Special Criminal Application No.6160 of 2023 and Special Criminal Application No.6171 of 2023.

(2.) Learned advocate for the applicant has submitted that Sec. 15(A) (3) & (5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the "Act") give an indefeasible right to the victim or his dependant to be heard at any proceeding under the Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceeding.

(3.) Learned APP Mr.Manan Mehta appearing for the respondent-State has opposed the present application by submitting that vide order dtd. 19/5/2023, this Court has already ordered to issue notice of rule to the present applicant and the proceedings of both the Special Criminal Applications are still pending. Therefore, present applications should be dismissed.