Applicant sought quashing of proceedings under S. 482 Cr.P.C. regarding S.C./S.T. Act offences. Opposing counsel relied on a Full Bench ruling that S. 482 is not the proper forum. Applicant withdrew the petition to pursue an appeal under the Act.
Petition dismissed as withdrawn.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 24922 of 2022
Applicant :- Harinam Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Pratap Singh,Awadhesh Kumar Malviya
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicant 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 applicant 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In view of the above, the petition is dismissed as withdrawn.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 :- 5.1.2023 S.Verma
Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present petition under S. 482 Cr.P.C. is maintainable in a case involving the S.C./S.T. (Prevention of Atrocities Act).
Colour shows how this judgement treated each authority
Ghulam Rasool Khan And Others Vs.State of U.P. and AnotherReferred¶7
Ghulam Rasool Khan And Others Vs.State of U.P. and Another, 2022 (8) ADJ 691 (FB) (LB) (All)
2 provisions across 2 enactments
Harinam Singh Yadav
Umesh Chandra Sharma
Sandeep Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
