The High Court quashed an order treating an application under Section 156(3) Cr.P.C. as a complaint case under the SC/ST Act, allowing relief to the complainant following a prior judgment.
Impugned order quashed; liberty to complainant to approach SHO for written information or Superintendent of Police to ensure compliance with Rule 5(3).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- APPLICATION U/S 482 No. - 1914 of 2022
Applicant :- Ayushi Bharti Opposite Party :- State Of U.P.And 7 Others Counsel for Applicant :- Akash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed for quashing the order dated 02.12.2021 passed by learned Special Judge (SC/ST Act)/Additional Sessions Judge, Ghaziabad in Complaint Case No. 355 of 2021 CNR No. UPGZ010119662021 (Ayushi Bharti Vs. Gopal Yadav and others), whereby application under Section 156 (3) Cr.P.C. has been treated as a complaint case.
In the present case the applicant is complainant of the case.
Considering the detailed order passed in Crl. Misc. Application (u/s 482 Cr.P.C.) No. 12864 of 2021 (Soni Devi Vs. State of U.P. and another) the present application is also allowed .
The impugned order is quashed with liberty to the complainant/applicant to approach the concerned Station House Officer for registration of her information in writing as has been provided under Rules 5 (1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules and in case the said information is not reduced in writing by the concerned Police Officer, the first informant/complainant may move an appropriate application before the concerned Superintendent of Police under Section 5 (3) of the Rules and it is directed that the Superintendent of Police would comply Section 5 (3) of the Rules.
Order Date :- 6.8.2022 S.Ali
Digitally signed by SHAUKAT ALI Date: 2022.08.08 17:08:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the order treating Section 156(3) Cr.P.C. application as a complaint case under the SC/ST Act be quashed based on a prior precedent.
Colour shows how this judgement treated each authority
Soni Devi Vs. State of U.P.Followed¶8
Crl. Misc. Application (u/s 482 Cr.P.C.) No. 12864 of 2021 (Soni Devi Vs. State of U.P. and another)
3 provisions across 2 enactments
Ayushi Bharti
State Of U.P.
Others
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
