Utsav Malviya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 969 of 2020 1.

Utsav Malviya S/o Radheshayam Malviya, Aged About 20 Years, R/o Village Gondalvada, Tahsil Babai, District Hosangabad (M.P.). ---- Appellant

Versus

1.

State Of Chhattisgarh, Through P.S. Baradwar, District Janjgir Champa (C.G.).

---- Respondent For Appellant :

Ms. Sanjeev Verma, Advocate.

For Respondent/State : Mr. Dinesh R.K. Tiwari, Dy. Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 23/02/2021 1) This appeal by the accused/appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 19/10/2020 passed by the Special Sessions Judge (Atrocities), District Janjgir Champa (C.G.), refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 03/07/2020 in connection with Crime No. 86/2020 for the offence punishable under Sections 363, 366, 376 of IPC, under Section 4 & 6 of POCSO Act and under Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and registered at Police Station Baradwar, District Janjgir Champa (C.G.)

2) Learned counsel for the appellant submits that he does not want to prosecute this appeal and seeks to withdraw the same with liberty to file appropriate application before the appropriate Bench. Further he prays for return of certified copy of the impugned order. 3) Counsel for the State has no objection to the above prayer.

4) Permission granted.

5) Accordingly, the Criminal Appeal is dismissed as withdrawn with aforesaid liberty.

6) Registry is directed to return certified copy of the impugned order to the Counsel for the appellant on his furnishing true authenticated xerox of the same.

-Sd/- (Gautam Chourdiya) Judge Chandrakant