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Judgment
3 paragraphs · 98 wordsG.S. Ahluwalia, J
Today the case is fixed on the question of maintainability as the application under Section 439 of Cr.P.C. would be maintainable and not criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
In view of the law laid down by the Division Bench of this Court at Principal Seat Jabalpur by order dated 22.04.2021 passed in Cr.A. No.5189/2020 (Pramod Yadav Vs. State of M.P.), this criminal appeal is dismissed as not maintainable. However, liberty is granted to the appellant to file an application under Section 439 of Cr.P.C.