Extracted from the PDF above. The PDF is authoritative.
2025:CGHC:15544
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 595 of 2025 Shyam Yadav S/o Shri Gautam Yadav Aged About 25 Years R/o Village Nakbar, Marchaidhodhi, P.S.- Kansabel, Distt.- Jashpur (C.G.)
... Appellant versus State Of Chhattisgarh Through- Police Station- Kansabel, Distt.- Jashpur (C.G.) ---- Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Appellant : Shri Syed Ishhadil Ali, Advocate For Respondent/State : Ms Pragya Shrivastava, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 02.04.2025
1. At the outset, learned counsel for the appellant would submit that in view of the judgment dated 12.04.2023, passed by the Hon’ble Division Bench of this Court in the matter of Dushyant Pandey Vs State of Chhattisgarh in CRA-1797 of 2022, prays for withdrawal of the present appeal with liberty to take recourse to law, available to him.
2. Paragraph 31.1 of the said judgment is reproduced hereunder for ready reference:
“31.1 Once an appeal under Section 14A of the POA act against the order passed by the Special Court rejecting the application
Cra 595 of 2025 2 under Section 439 of the CrPC is decided on merits or otherwise by this Court, subsequent appeal under change of circumstances would not be directly maintainable under Section 14A of the POA Act before this Court even on change of circumstances and remedy to the accused, if any, is to file an application before the Special Court for grant of bail.”
3.
Learned counsel for the State has no objection to the preposition made by the learned counsel for the appellant.
4. On the submissions made by the learned counsel for the parties, and also in view of the aforementioned judgment, appellant is permitted to withdraw the present appeal with liberty as prayed for.
5. Accordingly, appeal is dismissed as withdrawn with the liberty as prayed for. Sd/- (Ravindra Kumar Agrawal) JUDGE
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