Nisar Ahmad vs State Of U.P. And Another
2022 Latest Caselaw 13949 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 25501 of 2022
 

 
Applicant :- Nisar Ahmad
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Prakash Veer Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicant and learned AGA for the State.

By means of the present 482 application, the applicant is praying to quash the entire proceedings as well as impugned order dated 13.04.2022 pursuant to special criminal case no. 66 of 2018 arising out of case crime no. 99 of 2018, under Section 147, 148, 323, 504, 506 IPC & Section 3(1)(Da) SC/ST Act, P.S. Dumriyaganj, District Siddharth Nagar.

Since there is special provision and as per the decision of full Bench judgment passed in Crl. Writ- Public Interest Litigation No. 8 of 2018, In Re Provisions of Section 14A of the SC/ST Act (Prevention of Attrocities) Amendment Act, whereby the Full Bench after taking suo moto cognizance of the issue have decided that in the light of special provision of the aforesaid Act of 1989, the extra ordinary power under Section 482 Cr.P.C. is barred.

This is incompetent 482 Cr.P.C. application, accordingly the present 482 application is hereby dismissed with liberty to file appropriate remedy as available under the law.

Certified copy of the impugned order shall be returned back to the learned counsel for the applicant on his supplying photocopy of the same within a period of ten days.

Order Date :- 27.9.2022

Abhishek Sri.