Rohit Kushwaha vs The State Of U.P. & Another
2017 Latest Caselaw 3678 ALL

Citation : 2017 Latest Caselaw 3678 ALL
Judgement Date : 25 August, 2017

Allahabad High Court

Rohit Kushwaha vs The State Of U.P. & Another on 25 August, 2017

Bench: Pratyush Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL APPEAL No. - 4514 of 2017
 

 
Appellant :- Rohit Kushwaha
 
Respondent :- The State Of U.P. & Another
 
Counsel for Appellant :- Rupak Chaubey,Jitendra Pratap Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pratyush Kumar,J.

In this case the date of incident is 28th December, 2015, check FIR was scribed on 04.03.2016, the date of application addressed to Deputy Inspector General of Police, Maharajganj is dated 13.01.2016, Act No.1 of 2016 has come into effect from 26.01.2016. The question is whether remedy for the applicant is to file appeal under section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act or seek bail under section 439 of the Code of Criminal Procedure. It is not disputed that the amending Act No. 1of 2016 has been enforced with prospective effect, the only question is the date relevant to determine the rights of the parties, the Constitutional Bench of the Apex Court in the case of Garikapati Veeraya Vs. N. Subbiah Choudhry and others, AIR 1957 SC 540, has opined that date relevant for the determination of the rights of the parties is the date on which the proceedings have commenced. The proceedings have commenced on the date when the check FIR was scribed, it is the date on which first action under the Code of Criminal Procedure was taken.

In view of above in the present case appeal filed by the accused-appellant is maintainable.

On oral request, learned counsel for the appellant is permitted to add complainant as respondent no. 2 in the array of the memo of appeal.

Heard learned counsel for the appellant, learned A.G.A. and perused the paper book.

Admit.

Issue notice to opposite party no. 2 by fax.

Let objection/ counter affidavit be filed within two weeks.

List on 22.09.2017.

Meanwhile, appellant if so advised may filed supplementary affidavit annexing therewith copy of the bail application before the Special Judge and objection, if any, filed on behalf of the State/complainant.

Order Date :- 25.8.2017

Prajapati