Dismissed¶26

Jana Divya Sekhar v. the State of Andhra Pradesh

Andhra Pradesh HC10 Mar 2025CRLP/2386/2025

Case brief

AI extract

What is this about?

Regular bail petition under BNSS Sections 480/483 dismissed on maintainability grounds because appeal under Section 14A(1) SC/ST (PoA) Act was not first availed; Crime No.503/2024, Rajanagaram PS; offences BNS 118(1), 74, 351(2); PoA Act 3(1)(r), 3(1)(s); liberty to appeal under Section 14A(1).

What did the court decide?

Criminal Petition dismissed as not maintainable; Petitioner granted liberty to avail the remedy of appeal under Section 14A(1) of the SC/ST (Prevention of Atrocities) Act, 1989; miscellaneous petitions pending, if any, stand closed. ¶26

Jana Divya Sekhar Vs the State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2025)

¶1

APHC010113552025

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶3

(Special Original Jurisdiction)

¶4

[3396]

¶5

TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

¶6

PRESENT

¶7

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

¶8

CRIMINAL PETITION No. 2386 of 2025

¶9

Between:

¶10

Jana Divya Sekhar

¶11

...PETITIONER/ACCUSED

¶12

AND

¶13

The State Of Andhra Pradesh

¶14

...RESPONDENT/COMPLAINANT

¶15

Counsel for the Petitioner/accused:

¶16

KAKUMANU JOJI AMRUTHA RAJU

¶17

Counsel for the Respondent/complainant:

¶18

PUBLIC PROSECUTOR

¶19

The Court made the following: ORDER :

¶20

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.

¶21

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.

¶22

¶23

For better understanding, Section 14A(1) of the Scheduled Castes and the

¶24

Scheduled Tribes (Prevention of Atrocities) Act, 1989 is extracted as under:

¶25

(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.

¶26