The applicant challenged a summoning order under Section 482 Cr.P.C. regarding proceedings under the SC/ST Act. The Court held that an alternative remedy of appeal under Section 14A(1) of the SC/ST Act was available and dismissed the application on that ground.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 30309 of 2022
Applicant :- Madan Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A.,Surendra Prasad Mishra
Hon'ble Rajeev Misra,J.
that present application is liable to be dismissed on the ground of alternative remedy.
Order Date :- 6.1.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. is maintainable when a statutory remedy of appeal under Section 14A(1) of the SC/ST Act exists.
Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. despite the existence of an alternative remedy in Special Laws regarding SC/ST atrocities.
2 provisions across 2 enactments
Madan Lal
State of U.P.
Shiv Dayal
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
