This court dismissed an application under Section 482 of the CrPC filed under the SC/ST Act, holding that an appeal lies against such orders, and directed the registry to return the certified copy.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 16659 of 2022
Applicant :- Santosh Kumar Rai And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Ranjan Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
At the outset, Mr. R.P. Mishra, learned Additional Government Advocate has raised a preliminary objection and has submitted that the application has been preferred under the SC/ST Act against which appeal lie.
In view of the above, the present application is, accordingly, dismissed with liberty to avail remedy as available to him.
Registry is directed to return certified copy of impugned order to the counsel for the applicant after accepting xerox of the same.
Order Date :- 2.1.2023 Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application under the SC/ST Act is maintainable as it is an appealable order.
Santosh Kumar Rai
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
