(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 complainant.
(2.) This criminal appeal has been preferred under Sec. 14-A(2) of the Act against the impugned order dtd. 28/12/2022 passed by Special Judge (under the Act), Gwalior whereby appellants' application under Sec. 439 of the Code of Criminal Procedure has been rejected.
(3.) The appellants have been arrested on 24/12/2022 in connection with Crime No.698/2022 registered at Police Station- Gola Ka Mandir, District- Gwalior (M.P.) in relation to the offence punishable under Ss. 294, 306, 506 and 34 of IPC and Ss. 3(1)(R)(S), 3(2)(V) and 3(2)(V)(A) of the Act.