The High Court dismissed a criminal miscellaneous petition challenging a summons order. The petition sought to quash a summons under Section 482 CrPC despite the existence of Section 14A appeal provisions in the amended SC/ST (PO) Act for challenges to Special Court orders.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43086 of 2016
Arising Out of PS.Case No. -232 Year- 2014 Thana -PIRPAINTI District- BHAGALPUR
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Purushottam Kumar Das, Advocate Smt. Rani Swati, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, SPP
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
8 02-11-2018 Heard learned counsel for the petitioner as well as
learned Special PP.
Patna High Court Cr.Misc. No.43086 of 2016 (8) dt.02-11-2018
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otherwise he will not allow registration work. He also demanded receipt of the concerned students from whom registration fee has been realized. On his protest, Manoj Dubey assaulted him as a result of which, he sustained injury over his head. His spectacle also got broken. He also took away Rs. 2200/- from his pocket. After hearing hue and cry, all the teachers rushed towards his chamber but, all of them remained silent spectators out of fear. Arun Yadav and Ram Prakash Ravi were also abused. Then thereafter, stones were pelted. Anyhow, teachers got themselves rescued. It has also been disclosed that he frequently caused hindrance in due discharge of the official functioning.
Patna High Court Cr.Misc. No.43086 of 2016 (8) dt.02-11-2018
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the SC/ST (POA) Act. It has further been stated that when special procedure has been provided then, ambit and scope of Section 482 CrPC could not survive in a manner whereunder, inherent power of the High Court to deal with any situation could be acknowledged. So, it has been submitted that the instant petition is not maintainable.
Patna High Court Cr.Misc. No.43086 of 2016 (8) dt.02-11-2018
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prospective. That means to say, from the date of enforcement of the Act, i.e. right from 26.01.2016, the new Act came into existence. This petition has been filed on 16.09.2016, that means to say, on the date on which this petition was filed, the new Act was there whereunder the procedure in terms of Section 14A came into existence and so certainly the petitioner would have filed a petition in terms of Section 14A of the Act and not under Section 482 CrPC because of the fact that the order impugned has been passed by Special Court.
(Aditya Kumar Trivedi, J)
perwez
U T
2 issues framed by the court
Whether the criminal miscellaneous petition challenging the summons order is maintainable under Section 482 CrPC after the insertion of Section 14A in the SC/ST (PO) Act.
Whether the benefit of the amendment adding Section 14A applies to an order dated 24.03.2015 passed before the Act's enforcement on 26.01.2016 regarding the challengeable procedure.
Manoj Dubey
The State of Bihar
Pasupati Nath Mandal
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
