Ashok Kumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 367 of 2021 • Ashok Kumar Yadav, S/o Late Prabhu Ram Yadav, Aged About 35 Years, R/o Kundi, Police Station Basantpur, District- Balrampur-Ramanujganj, Chhattisgarh. ---- Appellant

Versus

• State of Chhattisgarh, Through- Station House Officer, Police Station AJK Balrampur, District- Balrampur, Ramanujganj, Chhattisgarh. ---- Respondent For Appellant : Shri Shakti Raj Sinha, Advocate For Respondent/State : Shri Anand Verma, Dy. G.A. Hon'ble Shri Justice Gautam Chourdiya Judgment on Board 20.09.2021

1) The appellant has preferred this appeal under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as the appellant was arrestedin connection with Crime No. 34/2020 for the offence punishable under Sections 294, 323, 354 (A), 376 (2) (n), 313 of IPC and Section 3 (2) (v) of SC/ST Act registered at Police Station- AKJ Balrampur, District- BalrampurRamanujganj (C.G.).

2) Learned counsel for the appellant submits that incident took place in the year 2014 whereas FIR lodged in the year 2020, however, at the time of incident prosecutrix was minor. Therefore, he seeks to withdraw this Criminal Appeal with liberty to file appropriate application before appropriate

Bench as and when occasion arises.

3) Counsel for the State has no objection to the above prayer.

4) Learned State counsel submits that prosecutrix is duly served with the notice but neither she is present in person nor is there any representation on her behalf.

5) Permission granted.

6) Accordingly, the Criminal Appeal is dismissed as withdrawn with the liberty as stated above.

7) Registry is directed to return the certified copy of the impugned order to the counsel for the appellant on his furnishing true authenticated photocopy of the same. Sd/- (Gautam Chourdiya) Judge Nadim