Allowed

Manoj Kumar v. State of U.P. and 3 Others

Allahabad HC24 Feb 2023A482/2402/2023

Case brief

AI extract

What is this about?

Court under Section 482 Cr.P.C. set aside the impugned order rejecting an SC/ST Act application as non-maintainable, directing the applicant to move a fresh application within two weeks for merits consideration.

What did the court decide?

The order dated 26.07.2022 is set aside. Applicant directed to move fresh application within two weeks for merits consideration within two months.

Manoj Kumar Vs State of U.P. and 3 Others — Caste Atrocities | Allahabad HC (2023)

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 2402 of 2023

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Applicant :- Manoj Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Subhash Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Subhash Singh Yadav, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State and perused the records.

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This application under Section 482 Cr.P.C. has been filed assailing the order dated 26.07.2022 passed by Special Judge S.C./S.T. (P.A.) Act, Ghazipur in Misc. Case No.414 of 2022 (Manoj Kumar Vs. Nandu Chauhan and others), vide which the application under Sections 156(3) Cr.P.C. has been rejected as non maintainable.

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Learned counsel for the applicant submits that in view of law laid down in the case of Soni Devi Vs. State of U.P. and others, reported in 2022 (5) ADJ 64 as well as the relevant provisions of SC/ST Act, the application filed by the applicant under Section 156(3) Cr.P.C. has been rejected. Learned counsel for the applicant has confined his prayer and submits that in case he moves a fresh application before the Court concerned, the same may be decided on merits, in accordance with law.

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Learned A.G.A. does not dispute the correctness of the submissions made by the learned counsel for the applicant and he has no objection if the order dated 26.07.2022 is set aside.

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In view of the facts and circumstances of case, the order impugned dated 26.07.2022 is hereby set aside . The applicant is directed to move fresh application under the relevant provisions of S.C./S.T. Act before the Court/concerned authority within two weeks from today along with certified copy of this order. If such application along with certified copy of this order is moved by the applicant, the same shall be considered and decided on merits, by the Court concerned, in accordance with law, expeditiously, preferably within a period of two months from the date of production of certified copy of this order, after hearing the parties concerned.

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With the aforesaid observations, this application is disposed of .

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Order Date :- 24.2.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Manoj Kumar v. State of U.P. and 3 Others

Case brief

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Manoj Kumar v. State of U.P. and 3 Others

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