High Court of Punjab and HaryanaCRM-M/15548/2022disposed of

Kavita Rana And ANR v. State Of Haryana And Another

2022-04-13Mr. Justice Anoop Chitkara2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-15548-2022 Date of Decision: 13.04.2022 Kavita Rana and another ......Petitioners Vs.

State of Haryana and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Pavit Singh Mattewal, Advocate for the petitioners.

Mr. Manish Bansal, DAG, Haryana.

---- ANOOP CHITKARA J. (ORAL) FIR No.

Dated Police Station Sections 10.03.2022 City Karnal, 323, 376(2) (n), 377, 506, 34 IPC and Section 3 (2) (V) of the Scheduled Castes & the Scheduled Tribes Act (added subsequently) District Karnal Notices served upon the official respondent through the State's counsel. After dismissal of the application for anticipatory bail by the Sessions Court, filed under section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C), the petitioners apprehending arrest in the FIR captioned above have come up before this Court again under Section 438 Cr.P.C seeking anticipatory bail.

2. As per Section 14-A of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), an appeal would lie against an order of bail. Given above, the present petition is not maintainable.

3. Since the petitioners have chosen the wrong provision of law, the petitioners shall be at liberty to file an appeal under section 14-A of SCSTPOA and to enable the petitioners to do so; there shall be a stay of arrest for ten days from today. If the petitioners choose to file an appeal within the above time, the stay order shall be substituted by the order passed in such a bail application. However, if the petitioners do not file a bail within the period described above, the stay shall automatically stand vacated without further JYOTI 2022.04.13 15:58 I attest to the accuracy and integrity of this document reference to this court.

CRM-M-15548-2022 -2Petition disposed of in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 13.04.2022 Jyoti-II Whether speaking/reasoned:

Yes/No Whether reportable:

No JYOTI 2022.04.13 15:58 I attest to the accuracy and integrity of this document