Special Judge Kalyanpur rejected appellant's Section 156(3) Cr.P.C. application under SC/ST Act on technical grounds. Allahabad High Court held such applications are maintainable relying on a Division Bench judgment, set aside impugned order, and allowed the appeal.
Impugned order dated 18.01.2023 set aside; appeal allowed.
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Neutral Citation No. - 2023:AHC:161699
Court No. - 84
Case :- CRIMINAL APPEAL No. - 4065 of 2023
Appellant :- Shivani Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Appellant :- Prakhar Tandon Counsel for Respondent :- G.A.,Babu Lal Ram
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the appellant and learned counsel for the opposite party nos. 2, 4 and 5 are present.
It is admitted fact that opposite party no. 3 - Vyas Dubey has died on 19.03.2023.
Hence, the appeal is abated against opposite party no. 3.
This is an appeal filed against the order dated 18.01.2023 passed by the Special Judge (SC/ST Act), Kanpur Nagar in Criminal Misc. Case No. 04 of 2023 under Section 156(3) Cr.P.C. Police Station Kalyanpur, District Kanpur Nagar. By the impugned order the application filed by the appellant under Section 156 (3) Cr.P.C. was rejected.
It is the argument of the learned counsel for the appellant that the application under Section 156 (3) Cr.P.C. was not rejected on merit rather it was rejected on the technical ground that the application under Section 156 (3) Cr.P.C. was not maintainable regarding SC/ST Act.
Learned counsel for the appellant drew the attention of the court towards judgement and order dated 02.02.2023 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No. 7522 of 2022 - Gyanendra Maurya @ Gullu Vs. Union of India and others , wherein in para-36 it has been clearly opined by this court that there is no exclusion of the powers prescribed under Section 156 (3) of Code 1973 for such Courts established under the Act, 1989 (SC/ST Act). Once such Courts have power to take cognizance of an offence, which is referable under Section 190 of Code 1973 directly, then, in view of the language used in Section 156 of Code 1973 they can order lodging of FIR and investigation into an offence under the Act 1989 in exercise of powers under
Section 156(3) Cr.P.C.
Learned counsel for the opposite party no. 2, 4 and 5 did not oppose this legal position of law.
Thus, it is found that the application under Section 156(3) Cr.P.C. can be moved regarding offence under the Act of 1989. On the basis of above judgement, the impugned order is liable to be set aside.
The appeal is, thus, allowed . The order dated 18.01.2023 is hereby set aside.
Order Date :- 10.8.2023 gp
Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 156(3) Cr.P.C. is maintainable against a Special Court established under the SC/ST Act?
Whether the impugned order rejecting the application was based on merits or technical grounds regarding maintainability?
Colour shows how this judgement treated each authority
Gyanendra Maurya @ Gullu Vs. Union of IndiaRelied on¶11
Criminal Misc. Writ Petition No. 7522 of 2022 - Gyanendra Maurya @ Gullu Vs. Union of India and others
2 provisions across 2 enactments
Shivani
State Of Uttar Pradesh
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
