RUKHSANA BEE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first criminal appeal under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') filed by the appellants assailing the order dtd. 10/9/2025 passed in B.A. No.292/2025 by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, District Sehore, whereby the first application preferred by the appellants herein under Sec. 482 of BNSS, 2023 relating to Crime No.191/2025 registered at Police Station Mandi, District Sehore (M.P.) for the offence under Ss. 85, 115(2), 3(5) of BNS,2023, Ss. 376 and 376(2)(n) of IPC and Sec. 3(2)(v) of the SC/ST (POA) Act, has been rejected.

(2.) Learned counsel for the appellants has submitted that the allegation against the present appellants are under Ss. 85, 115(2), 3(5) of BNS, 2023, only which are punishable for the offence less than seven years. However, he requests to dispose of this appeal with a direction to the Investigation Officer/Trial Court to comply with the directions of the Supreme Court in cases of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, Satender Kumar Antil Vs. Central Bureau of investigation (2022) 10 SCC 51 and Notification No.A/5666/III-2-9/40 Pt-I F.No.15 dtd. 20/09/2023 issued by High Court of Madhya Pradesh, Jabalpur.

(3.) Though, learned counsel for the objector raises objection, but the request of appellants' counsel is accepted.