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2025 DAILYLAW 10095 (AP)

JANA DIVYA SEKHAR v. THE STATE OF ANDHRA PRADESH

CRLP/2386/2025 · 2025-03-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010113552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 2386 of 2025 Between: Jana Divya Sekhar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER : The instant Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), has been filed by the Petitioner/A.1, seeking regular bail in Crime No.503 of 2024 on the file of Rajanagaram Police Station, East Godavari District, for the offences punishable under Sections 118(1), 74, 351(2) of Bharatiya Nyaya Sanhitha, 2023 (‘BNS’) and Sections 3(1)(r),3(1)(s) of the Scheduled Castes and Scheduled Tribes (PoA) Act. 2. When the matter is taken up, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent/State would submit that the criminal Petition is not maintainable since the Petitioner did not avail the remedy of appeal as per Section 14(A)(1)of the SCs & STs Act. 2 3. For better understanding, Section 14A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is extracted as under: (1)Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law. 4. In that view, the Criminal Petition is dismissed. Petitioner is at liberty to avail the remedy of appeal under Section 14A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 3 HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 2386 of 2025 11.03.2025 Mjl/*