The applicant sought to withdraw a petition under Section 482 Cr.P.C. as it was legally argued that the appropriate remedy for cases under the S.C./S.T. Act is an appeal under the Act itself, rendering Section 482 inapplicable.
The petition is dismissed as withdrawn and documents are to be returned.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 37628 of 2022
Applicant :- Yadram And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar,Rajesh Kumar Gautam,Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.
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In view of the above, the petition is dismissed as withdrawn.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 :- 11.1.2023 S.Verma
Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Ghulam Rasool Khan And Others Vs.State of U.P. and AnotherReferred¶6
Ghulam Rasool Khan And Others Vs.State of U.P. and Another, 2022 (8) ADJ 691 (FB) (LB) (All)
1 provisions across 1 enactments
Yadram And 2 Others
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
