The appellant sought to quash an order treating an application under Section 156(3) Cr.P.C. as a complaint case in a SC/ST (PA) Act matter. The Court, relying on binding precedent, held that such treatment is legally permissible and dismissed the appeal.
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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
1 issue framed by the court
Whether an application under Section 156(3) Cr.P.C. regarding offences under the SC/ST (PA) Act, 1989 can be treated as a complaint case?
Colour shows how this judgement treated each authority
Naresh Kumar Valmiki Vs. State of U.P.Relied on¶8
Naresh Kumar Valmiki Vs. State of U.P. and Others in Application U/S 482 Cr.P.C. No.14443/2022
2 provisions across 2 enactments
Kishori
State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And 3 Others
Rajeev Singh
Vaishali Sinha
As recorded by the court registry
3 orders share this CNR
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