Omkar Yadav And Another vs State Of U.P. And Another
2022 Latest Caselaw 22657 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- APPLICATION U/S 482 No. - 11010 of 2022
 

 
Applicant :- Omkar Yadav And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinod Kumar Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicant and learned A.G.A.

This is an application u/s 482 Cr.P.C. whereby the applicants are assailing the legality and validity of cognizance/summoning order dated 22.12.2020 as well as entire proceeding of S.T. No.948 of 2020 (State vs. Omkar Yadav and others) arising out of Charge sheet No.01/2020 dated 27.9.2020, Case Crime No.0226 of 2020, u/s 323, 324, 504 I.P.C. & Section 3(1)(d) of SC/ST Act, P.S. Thathiya, District Kannauj, pending before Special Judge SC/ST Act, Kannauj.

The matter involves the offence of SC/ST Act and in the light of Section 14A(1) of SC/ST Act this application u/s 482 Cr.P.C. is not maintainable. Section 14A(1) of SC/ST reads thus :

"14A. (1) Notwithstanding anything contained in the Code of Criminal Procedure,1973, 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."

Thus, the present application u/s 482 Cr.P.C. is not maintainable and accordingly dismissed. The applicants are provided liberty to invoke proper and appropriate jurisdiction for redressal of their grievance and the Registrar shall not raise any objection with regard to limitation.

Certified copy, if any, be returned back to the learned counsel for the applicants within next 15 days after having its photocopies.

Order Date :- 22.12.2022

M. Kumar