The High Court dismissed an application under Section 482 Cr.P.C. filed by the applicant against the State of U.P. The learning counsel for the applicants voluntarily withdrew the petition to avail the remedy of appeal under the S.C./S.T. Act as advised by the learned A.G.A. The petition was dismissed as withdrawn.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 23933 of 2022
Applicant :- Kala @ Jitendra Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.,Akhilesh Kumar
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
At the very outset, learned A.G.A. contends that the present petition U/S 482 Cr.P.C. is not maintainable. In support of his argument, learned A.G.A. has placed reliance on the judgement of Ghulam Rasool Khan And Others Vs.State of U.P. and Another, 2022 (8) ADJ 691 (FB) (LB) (All) wherein it has been held that cases relating to S.C./S.T. (Prevention of Atrocities Act), the forum of 482 Cr.P.C. is not available and the only forum available is to file an appeal under the S.C./S.T. Act.
Confronted with the position, learned counsel for the applicants prays for and is permitted to withdraw the petition to avail the aforesaid remedy.
In view of the above, the petition is dismissed as withdrawn.
Office is directed to return the certified copies of the relevant papers/documents.
Order Date :- 13.1.2023 S.Verma
Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad
Kala @ Jitendra Singh And 3 Others
Umesh Chandra Sharma
Sandeep Kumar Verma
As recorded by the court registry
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