Samarbahadur vs State Of U.P. And Another
2022 Latest Caselaw 10509 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 1742 of 2022
 

 
Applicant :- Samarbahadur
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prem Chand Saroj
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

The present 482 Cr.P.C. application has been filed with a prayer to quash the impugned summoning order dated 15.12.2021 as well as entire proceedings of Complaint Case No. 142 of 2021 (Sunil Kumar Vs. Samarbahadur and others) under Sections 323, 504, 427 I.P.C. and Section 3(1)da and dha of SC/ST Act, Police Station Badlapur, District Jaunpur, pending in the Court of Special Judge (SC/ST Act) Jaunpur with a further prayer to stay the aforesaid summoning order and proceedings of aforesaid case.

In view of Full Bench judgment passed by this Court in the case of Ghulam Rasool Khan and others Vs. State of U.P. and others (Criminal Appeal No.1000 of 2018) on 28.07.2022, the application under Section 482 Cr.P.C. is not maintainable, however, appeal will lie under Section 14 A of SC/ST Act.

At this stage, learned counsel for the applicant submits that he does not want to press the present application and the same may be dismissed as not pressed with liberty to file an appeal.

Accordingly, the present application is dismissed as not pressed with the aforesaid liberty.

Certified copy, if any, shall be returned to learned counsel for the applicant after retaining xerox copy of the same.

Order Date :- 17.8.2022

Krishna*