Ashok Kumar Alias Gaya Prasad And 2 ... vs State Of U.P. And Another
2023 Latest Caselaw 3909 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 

 
Case :- CRIMINAL APPEAL No. - 7422 of 2022
 

 
Appellant :- Ashok Kumar Alias Gaya Prasad And 2 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Vinay Mishra,Mata Achal Mishra
 
Counsel for Respondent :- G.A.,Satyam Pandey,Shivam Pandey
 

 
Hon'ble Raj Beer Singh,J.

1. Heard learned counsel for the appellants, learned counsel for the respondent No.2 and learned A.G.A. for the State.

2. The appeal has been preferred under section 14- A (1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred as SC/ST Act) for quashing the entire proceedings of the Session Case No.549 of 2021 (State Vs. Ashok Kumar @ Gaya Prasad and others), Case Crime No.0840 of 2020, under Sections 323, 504, 336 IPC and 3(1) (r), (s) SC/ST Act, P.S. Mangalpur, District Kanpur Dehat, pending in the Court of Additional Sessions Judge/Special Judge, (SC/ST (P.A) Act), Court No.2, Kanpur Dehat.

3. It may be observed that the appeal under section 14- A (1) of SC/ST Act lies from any judgment, sentence or order not being interlocutory order, of a special court under SC/ST Act. In the instant appeal, no judgement or order is being challenged and mere prayer has been made to quash the proceedings of the case.

4. At this stage, learned counsel for the appellants submits that instant appeal may be dismissed as withdrawn with liberty to avail an alternate remedy as may be available under law.

5. In view of aforesaid the instant appeal is dismissed as withdrawn.

6. The certified copy of charge-sheet, FIR and order-sheet of the trial court may be returned to the learned counsel for the appellants after retaining photo copy of the same.

Order Date :- 7.2.2023

Neeraj