Criminal appeal challenging the Special Judge's order treating a Section 156(3) CrPC application in a SC/ST Act matter as a complaint case. Following Naresh Kumar Valmiki, the court held such treatment is settled and legal, finding no illegality in the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:13661
Court No. - 13
Case :- CRIMINAL APPEAL No. - 341 of 2024 Appellant :- Kishori Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And 3 Others Counsel for Appellant :- Shailendra Kumar Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
A.G.A., as well as other relevant documents; it is evident that this controversy has already been settled that the application moved under Section 156(3) Cr.P.C. in relation to the SC/ST (PA) Act, 1989 can be treated as a complaint case. In such circumstances, this Court is of the view that there is no illegality in the order passed by the trial court, therefore, the present appeal has no substance and is liable to be dismissed.
Order Date :- 15.2.2024 V. Sinha
Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether a trial court may treat an application under Section 156(3) CrPC in a SC/ST (PA) Act matter as a complaint case instead of directing registration of an FIR.
Whether the impugned order dated 12.10.2023 treating the application as a complaint case suffers from illegality.
Colour shows how this judgement treated each authority
Naresh Kumar Valmiki Vs. State of U.P. and OthersRelied on
Naresh Kumar Valmiki Vs. State of U.P. and Others, Application U/S 482 Cr.P.C. No.14443/2022
3 provisions across 2 enactments
Kishori
State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow
Others (3)
Rajeev Singh
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
