Atma Prasad Mishra And 3 Others vs State Of U.P.And Another
2022 Latest Caselaw 480 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 
Case :- APPLICATION U/S 482 No. - 21907 of 2021
 
Applicant :- Atma Prasad Mishra And 3 Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Vijai Kumar Rai,Brijesh Kumar Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mohd. Aslam,J.

Heard learned counsel for the applicants as well as learned A.G.A for the State.

The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 15.03.2021 as well as the entire proceeding of S.C. No.445 of 2021 (State v. Atma Prasad Mishra & Ors.) (arising out of Case Crime No.210 of 2020), under Sections 323, 504, 506 IPC and Sections 3(1)(?), 3(1)(?) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act-1989 (in short 'the Act-1989'), Police Station-Baragaon, District-Varanasi) pending in the court of Special Judge (SC/ST) Act, Varanasi.

Learned A.G.A. for the State, at the very outset, pointed out that present application under Section 482 Cr.P.C. is not maintainable after insertion of Section 14-A(1) in the Act-1989.

Section 14-A(1) of the Act-1989 reads as follows:-

"14A Appeal-(1) Notwithstanding anything contained in the Code of Criminal Procedure-1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law."

At this stage, learned counsel for the applicants states that he does not want to press the aforesaid prayer and prayed that the instant application may be disposed of as withdrawn with the liberty to file appeal under the aforesaid Act.

The instant application is, accordingly, disposed of as withdrawn with the liberty to file an appeal as per provisions of the Act-1989.

Let a certified copy of the impugned order be returned to the learned counsel for the applicants after retaining the photostat copy on record.

Order Date :- 4.4.2022

Jyotsana