Firoja Irani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1041 of 2021 Firoja Irani W/o Ali Hassan Jaffari Aged About 37 Years R/o House No. 24/381, Pandritarai- Raipur, District : Raipur, Chhattisgarh ---- Appellant

Versus

State of Chhattisgarh through Station House Officer Police of Police Station Vidhansabha, Raipur, District : Raipur, Chhattisgarh ---- Respondent __________________________________________________________________ For Appellant : Mr. Yogendra Chaturvedi, Advocate For State/Respondent : Mr. Ghanshyam Patel, G.A. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 07.10.2021

1. Heard on default.

2. As the offence registered against the appellant including the offences under POCSO Act, this Court while disposing of the MCRC No.3053/2020 by order dated 06.01.2021, clearly held that in cases where the offence under POCSO are also included the provisions dealt under the Code of Criminal Procedure shall be applicable, therefore, on that basis the present criminal appeal is not maintainable which is dismissed and disposed of. A liberty is granted to file application under Section 438 of Cr.P.C. before the appropriate bench.

3. Certified copy filed along with the appeal be returned to the counsel for the appellant.

Sd/- (Rajendra Chandra Singh Samant) Judge Saurabh