The application under Section 482 CrPC was dismissed as withdrawn. The State argued such petitions are not maintainable in SC/ST Act cases, citing a Full Bench decision requiring appeals under the Act instead. No substantive judicial decision was recorded.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 38485 of 2022
Applicant :- Vipin Saxena And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Nitin Singh,Shailesh Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
At the very outset, learned AGA contends that the present petition under Section 482 CrPC is not maintainable. In support of his argument he has placed reliance on the judgment in Ghulam Rasool Khan and others Vs. State of UP and another, 2022 (8) ADJ 691 (FB)(LB) wherein it has been held that cases relating to Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act') the forum under Section 482 CrPC is not available and the only forum available is to file an appeal under the SC/ST 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In view of above, the petition is dismissed as withdrawn.
Office is directed to return the certified copies of the relevant papers/document to the counsel for the applicants.
Order Date :- 13.1.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Ghulam Rasool Khan and others Vs. State of UP and anotherReferred¶7
Ghulam Rasool Khan and others Vs. State of UP and another, 2022 (8) ADJ 691 (FB)(LB)
2 provisions across 2 enactments
Vipin Saxena And Another
Umesh Chandra Sharma
Shahroz Alam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
