Ganesh Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3295 of 2020 • Ganesh Das S/o Sukhna Das Aged About 28 Years R/o Village Dakwa, Sadakpara, Police Chowki Bariyo, Police Station Rajpur, District Balrampur Ramanujganj Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Chowki Bariyo, Police Station Rajpur, District Balrampur Ramanujganj Chhattisgarh ---- Respondent For Applicant :

None For State :

Shri Alok Bakshi, Addl. Adv. Gen.

For Objector / prosecutrix :

Ms. Mano Sharma, Adv. through Legal Aid Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/09/2020 Learned counsel for the State points out that in addition to allegation of commission of offence under Section 376 IPC and POCSO Act, the applicant is also alleged to have committed offence under the provisions of Atrocities Act and as the application has been rejected by the Court below, an appeal would lie against the order and present application is not maintainable.

Considering the aforesaid submission and that in large number of cases, permission has been granted to withdraw the application with liberty to file appeal, in this case also, the application is dismissed reserving liberty to the applicant to file appeal under Section 14-A of the Act of 1989.

Certified copy of impugned order, if any, be returned after retaining photo copy of the same.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti