Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45761 of 2018 Applicant :- Smt. Nasreen Opposite Party :- State Of U.P. Counsel for Applicant :- Shujauddin Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Looking to the Government Order bearing No. Nyay (Subordinate Court) Section No. 44/VII-S.C.-124/89 Lucknow: Dated: 30 January, 1990 and a further order No. 2698/Admin. (Services)/2018 issued by this Court, it appears that the Second Additional District and Sessions Judge, Rampur is the notified Special Court under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 prior to its amendment by Act No. 1 of 2016. By virtue of the decision of Their Lordships in P.I.L. No. 8/2018 decided on 10.10.2018, the Courts notified as Special Court under the SC/ST Act before the Amendment No. 1 of 2016 came into force, would continue to function without being denuded of their authority and jurisdiction in respect of proceedings under the SC/ST Act. The only restriction is that the existing Special Courts cannot take cognizance of offences directly under the Act.
Thus, by virtue of the said position of law, and, the fact that the Court of the Second Additional District and Sessions Judge, Rampur is an existing Special Court notified way back in the year 1990, and, further by notification No. 2698/Admin. (Services)/2018, the bail rejection order passed in the present case dated 01.10.2018 is final under Section 14-A(2) of the SC/ST Act as amended by the Act No. 1 of 2016. The said order rejecting bail is appealable under Section 14-A(2) last mentioned. The present bail application is, accordingly, held to be not maintainable. It is, accordingly, dismissed as not maintainable.
However, it will be open to the applicant to prefer an appeal under Section 14 A(2) of the Act from the order dated 1.10.2018 passed by the Second Additional District and Sessions Judge, Rampur, in such manner as may be advised.
Let certified copies of the impugned order or any other certified copy filed alongwith this bail application be returned to the learned counsel for the applicant on retaining attested xerox copy/copies of the record.
Order Date :- 30.11.2018 BKM/-