Chittarmal vs State Of Madhya Pradesh And Others

Gajendra Singh, J

This fourth (repeat) criminal appeal under section 14A(2) of the SC & ST (Prevention of Atrocities) Act, 1989 is preferred being aggrieved by the rejection of application by Special Judge, (SC/ST) Act, Neemuch, M.P in connection with Crime No.133/2021 registered at PS Singoli, District Neemuch under sections 304, 302, 147, 182, 203 and 211 of the IPC, 1860 and Section 3(2)(v) of the SC & ST (POA) Act, 1989. The appellant is in custody since 28/09/2021.

Earlier, second appeal was dismissed on merit vide order dated 01.04.2025 passed in Cr.A.No.2302/2025.

The prayer of bail of the appellant is on the ground of delay of trial but the cross-examination of the witness Ajeet Tiwari (PW-38) discloses that the examination is not being completed promptly.

Considering the above, present appeal is dismissed.

The trial Court is requested to conduct the trial on day to day basis as per the mandate of Section 14 (3) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 which is reproduced below:-

"(3) In every trial in the Special Court or the Exclusive Special Court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Special Court or the Exclusive Special Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing:

Provided that when the trial relates to an offence under this Act, the trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet."

Accordingly, trial court is requested to conclude the trial as per the above mandate and decide the case as early as possible.

If, there is a non-cooperation on behalf of any of the accused then the trial Court is free to take appropriate measures.

The Superintendent of Police, Neemuch is directed to ensure the presence of the witnesses before the trial Court and if he fails to do so, he may be liable to prosecute under Section 4 of the SC/ST (POA) Act, 1989. Accordingly, he is directed to ensure presence of the witnesses before the trial Court.

Let a copy of this order be forwarded to the Superintendent of Police, Neemuch as well as to the Special Judge (SC & ST (POA) Act, 1989), Neemuch for compliance.

With the aforesaid, present appeal is dismissed and disposed of.