JAGDISH GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) At the outset, learned State counsel apprised this Court that respondent No.2/complainant has been informed with regard to pendency of this appeal as required under Sec. 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") but despite service of notice none appeared on behalf of the respondent No.2/complainant.

(2.) This repeat criminal appeal has been preferred under Sec. 14-A(2) of the Act against the impugned order dtd. 06/02/2023 passed by Special Judge (under the Act), Vidisha (M.P.), whereby appellant's application under Sec. 439 of the Code of Criminal Procedure has been rejected. His first appeal was dismissed on merits, second, third and fourth appeals were dismissed as withdrawn by the coordinate Bench.

(3.) The appellant has been arrested on 02/08/2019 in connection with Crime No.217/2019 registered at Police Station- Kurwai, District- Vidisha (M.P.) in relation to the offence punishable under Sec. 450 and 376(2)(H)(J)(I) read with Sec. 376 (2) of IPC and Sec. 3(2)(V) of the Act.