High Court Of ChhattisgarhCRA/950/2020withdrawn

Smt. Radha Pal v. State Of Chhattisgarh

2021-02-16Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 950 of 2020 • Smt. Radha Pal, W/o Late Sarju Pal, aged about 48 Years, R/o Trishuli, Police Station Sanawal, District Balrampur Ramanujganj, Chhattisgarh.

----Appellant

Versus

• State of Chhattisgarh, Through the Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh.

---- Respondent For Appellant Ms. Deblina Maity, Advocate.

For State Mr. Vimlesh Bajpai, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 16/02/2021

1. This appeal by the accused/appellant under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 29.10.2020 passed by the Special Judge (SC/ST Act), Balrampur place Ramanujganj, C.G., refusing to allow his regular bail under Section 439 Cr.P.C. The appellant has been arrested in connection with Crime No.52/2020 for the offence punishable under Sections 363, 366, 376(2)(n) and 370 of Indian Penal Code, under Sections 4 & 6 of Protection of Children from Sexual Offences Act and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Sanawal, District Balrampur- Ramanujganj, C.G.

2. Complainant- Nanda Singh appeared before this Court and he has raised objection to the appeal filed by the appellant to release him on bail but looking to the offence related to POCSO Act, this Court has no jurisdiction to hear this matter.

3. Learned counsel for the appellant submits that she does not want to prosecute this appeal and seeks to withdraw the same with liberty to file appropriate application before the appropriate Bench. However, she prays for return of certified copy of the impugned order.

4. Permission granted.

5. Accordingly, the appeal stands dismissed as withdrawn with the aforesaid liberty.

6. Registry is directed to return the 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 Akhilesh