Kallu And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 2271 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 
Case :- APPLICATION U/S 482 No. - 21763 of 2021
 
Applicant :- Kallu And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Girish Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mohd. Aslam,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

At the very outset, learned A.G.A. has raised objection that the present application is bared by Section 14-A(1) of SC/ST Act and the applicants have remedy to file appeal under the aforesaid Act.

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."

Full Bench of this Court in re: Provision of Section 14-A of SC/ST (Prevention of Atrocities) Amendment Act, 2015 and Others vs Nil and others [reported in 2018 0 CrLJ 5010] has held that "a petition under the provisions of Article 226/227 of the Constitution of India cannot invoke in cases and situations where an appeal would lie under Section 14-A. In so far as the powers of the Court with respect to the revisional jurisdiction is concerned, we find that the provisions of Section 397 Cr.P.C. stand impliedly excluded by virtue of special provisions made in Section 14-A. This, we hold also in light of our finding that the word "order" as occurring in sub-section (1) of Section 14-A would also include intermediate orders."

From the Full Bench decision of this court, it is abundantly clear that an appeal under Section 14-A (1) of SC/ST Act would lie against intermediate order. Taking cognizance and issuing process also come within the ambit of intermediate order.

In view of the above remedy available to the applicants, the application under Section 482 Cr.P.C. is dismissed with liberty to the applicants to avail the remedy of filing an appeal under the aforesaid Act.

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

Order Date :- 7.5.2022/ Vikas