Disposed

Vinod Upadhyay and Another v. State of U.P. and Another

Allahabad HC29 Mar 2022A482/18573/2021

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. to quash proceedings in an SC/ST case as withdrawn by the applicant. The court recorded the applicant's intent to file a separate appeal under Section 14-A(1) of the Act instead, citing the Full Bench judgment on the maintainability of Section 482 applications post-amendment.

What did the court decide?

Application disposed of as withdrawn with liberty to file appeal under Section 14-A(1) of the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Vinod Upadhyay and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 18573 of 2021

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Applicant :- Vinod Upadhyay And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Shukla,Syed Imran Ibrahim

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Counsel for Opposite Party :- G.A.,Swetashwa Agarwal

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Hon'ble Mohd. Aslam,J.

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Heard Shri Manish Tiwari assisted by Shri Pankaj Shukla, learned counsel for the applicants as well as Shri L.D. Rajbhar, 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 summoning order dated 25.03.2021 as well as the entire proceeding of Case No.09 of 2019 (arising out of Case Crime No.218 of 2017), under Sections 149, 323, 307, 504 IPC and Section 3(2)(v) of the Scheduled Tribes (Prevention of Atrocities) Act-1989 (in short 'the Act-1989'), Police Station-Sahpau, District- Hathras) pending in the court of Special Judge SC/ST Act, Hathras.

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Learned counsel for the opposite parties, at the very outset, pointed out that present application under Section 482 Cr.P.C. is not maintainable after insertion of Section 14-A(1) in the Act1989. Reliance has been placed on the Full Bench judgment of this Court dated 10.10.2018 passed in Criminal Writ-Public Interest Litigation No.8 of 2018 (In re Provision Of Section 14-A of SC/ST (Prevention of Atrocities) Amendment Act, 2015 v. Nil) alongwith Criminal Misc. Bail Application No.38755 of 2017 and Criminal Writ-Public Interest Litigation No.11 of 2018.

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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 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 15:23:30 IST Reason: Location: High Court of Judicature at Allahabad

Vinod Upadhyay and Another v. State of U.P. and Another

Case brief

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Vinod Upadhyay and Another v. State of U.P. and Another

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