Dismissed

Ashutosh v. State of U.P. and another

Allahabad HC9 Nov 2021A482/8497/2018

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. filed to challenge a Special Court's order. Relying on Section 14A(1) of the SC/ST Act and a Full Bench judgment, the Court held that since an appeal lies to the High Court, the inherent power under Section 482 Cr.P.C. cannot be invoked.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed with liberty to approach the appropriate forum.

Ashutosh Vs State of U.P. and another — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 8497 of 2018

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Applicant :- Ashutosh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.,Anil Kumar Srivastava,Anil Kumar Verma,Ekta Kaur,Jagriti Singh,Satyendra Singh

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, Shri Anil Kumar Srivastava and Shri Anil Kumar Verma, learned counsel for O.P. No.2 and learned A.G.A. and perused the record.

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This application under section 482 Cr.P.C. has been filed against the order dated 25.1.2018 passed by Special Judge SC/ST Act Varanasi rejecting the final report and summoning the Applicant under section 504 and 376-D I.P.C. and 3(1) (12) SC/ST Act arising out of case crime No. 486 of 2016 P.S. Chaubepur, District Varanasi pending in the court of Special Judge SC/ST Act Varanasi

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Learned counsel for O.P. No.2 has raised preliminary objection that against the impugned order dated 25.1.2018 passed by Special Judge, S.C/ST Act the instant application under section 482 Cr.P.C. is not maintainable in view of provision of section 14A (1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989. In order to buttress his argument, learned counsel for O.P. No.2 has drawn attention of the Court to the provision of section 14A (1) of the aforesaid Act .

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Section 14A (1) provides: 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.

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Learned counsel for O.P. No.2 has next submitted that from perusal of the aforesaid provision, it is crystal clear that an appeal shall lie from any judgement, cognizance order, not being an interlocutory order, of Special Court, or any exclusive Special Court, to the High Court, both on facts and law.

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Learned counsel for O.P. No.2 has next submitted that Full Bench of this Court in Re Provision of Section 14A if SC/ST (Prevention of Atrocities) Amendment Act, 2015 has specifically held that against the order as occurring in subsection (1) of Section 14A only appeal would lie before High Court both on fact and law as such the present application filed under section 482 Cr.P.C. is not maintainable.

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Learned counsel for applicant could not dispute the aforesaid proposition of law.

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In view of aforesaid proposition of law, I am of the considered opinion that inherent power u/s 482 Cr.P.C. cannot be invoked in cases and situations where an appeal would lie under section 14A. In the instant case, the impugned order dt. 25.1.2018 has been passed by Special Judge SC/ST Act Varanasi, therefore, in view of specific provision contained in section 14A (1) of the SC/ST Act an appeal would lie against the said order and powers u/s 482 cannot be invoked.

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With the aforesaid observation, this application u/s 482 Cr.P.C. is dismissed with the liberty to the applicant to approach the appropriate forum.

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Order Date :- 9.11.2021 R

Ashutosh v. State of U.P. and another

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Ashutosh v. State of U.P. and another

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