Dismissed

Chhabiley @ Shafeel Ahmad and 3 Others v. State of U.P. and Another

Allahabad HC29 Mar 2022A482/18107/2021

Case brief

AI extract

What is this about?

The High Court disposal of an application under Section 482 Cr.P.C. seeking quashing of an order rejecting a discharge application in an SC/ST Act case. The counsel for the applicant withdrew the petition, seeking liberty to prefer an appeal:

What did the court decide?

Application disposed of as withdrawn with liberty to file an appeal under the Act-1989.

Chhabiley @ Shafeel Ahmad and 3… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 18107 of 2021

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Applicant :- Chhabiley @ Shafeel Ahmad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Hisham Qadeer,Mohammed Iftekhar Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Aslam,J.

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Heard learned counsel for the applicants as well as Shri S.N. Mishra, learned A.G.A for the State.

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The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 19.03.2021 passed by the learned Special Judge (SC/ST Act), Allahabad in Special Sessions Trial No.170 of 2020 (State v. Sunil Saroj & Ors.) (arising out of Case Crime No.284 of 2020, under Sections 147, 149, 323, 504, 506, 308 IPC and Sections 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act-1989 (in short 'the Act-1989'), Police Station-Nawabganj, District-Prayagraj) by which the discharge application filed by the applicants was rejected.

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Shri S.N. Mishra, learned A.G.A. for the State, at the very outset, pointed out that present application under Section 482 Cr.P.C. is not maintainable after insertion of Section 14A(1) in the Act-1989. Section 14A(1) reads as follows:-

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Section 14-A(1) of the Act-1989 reads as follows:-

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" 14A Appeal-(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."

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At this stage, learned counsel for the applicants states that he does not want to press the aforesaid prayer and prayed that the instant application may be disposed of as withdrawn with the liberty to file appeal under the aforesaid Act.

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The instant application is, accordingly, disposed of as withdrawn with the liberty to file an appeal as per provisions of the Act-1989.

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Let a certified copy of the impugned order be returned to the

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learned counsel for the applicants after retaining the photostat copy on record.

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Order Date :- 29.3.2022 Jyotsana

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Digitally signed by JYOTSANA SINGH Date: 2022.03.31 15:25:31 IST Reason: Location: High Court of Judicature at Allahabad

Chhabiley @ Shafeel Ahmad and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

Chhabiley @ Shafeel Ahmad and 3 Others v. State of U.P. and Another

Case brief

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What the court decided

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