In an application seeking quashing of proceedings under CrPC s. 482, the applicant became aware of an apex court ruling limiting s. 482 in SC/ST Act cases. Consequently, the applicant withdrew the petition, leading to its dismissal.
The petition was dismissed as withdrawn.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 42345 of 2022
Applicant :- Rajendra Yadav Alias Rajendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupam Dubey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicant, 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 applicant 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In view of above, the petition is dismissed as withdrawn.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 applicant.
Order Date :- 8.2.2023 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 another, 2022 (8) ADJ 691Referred¶6
Ghulam Rasool Khan and others Vs. State of UP and another, 2022 (8) ADJ 691 (FB)(LB)
Rajendra Yadav Alias Rajendra
State of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
