Mohd. Imran vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 8749 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- APPLICATION U/S 482 No. - 5021 of 2022
 
Applicant :- Mohd. Imran
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Sharad Nandan Ojha,Akhand Pratap Singh,Somdutta Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Sessions Trial No.1124 of 2020 pending before the Court of Special Judge/S.C./S.T. Act, District Pratapgarh arising out of Case Crime No.0194 of 2020 under Sections 504, 506 IPC, 3(1)(dA), 3(1)(dha), 3(2)(va) S.C./S.T. Act, Police Station Lalganj, Pratapgarh.

2. In view of the Full Bench judgment of this Court dated 28.07.2022 rendered in Criminal Appeal No.1000 of 2018 wherein the question "whether an aggrieved person who has not availed of the remedy of an appeal under the provisions of Section 14A of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, can be allowed to approach the High Court by preferring an application under the provisions of Section 482 Cr.P.C.?" has been answered in following manner:-

"13. The answer to the aforesaid was in the negative. It was held that against the judgments or orders, for which remedy has been provided under Section 14A of the 1989 Act, invoking the jurisdiction of this Court by filing petition under Articles 226 or 227 of the Constitution of India, a revision under Section 397 Cr.P.C. or an application under Section 482 Cr.P.C., will not be maintainable."

3. In view of the aforesaid, this petition is dismissed with liberty to the petitioner to avail alternate remedy of appeal provided under Section 14A of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(Dinesh Kumar Singh, J.)

Order Date :- 1.8.2022

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