Sanjay Agrawal And Another vs State Of U.P And Another
2023 Latest Caselaw 5629 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 41439 of 2022
 

 
Applicant :- Sanjay Agrawal And Another
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Saima Saher
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Sharma,J.

Heard Ms. Saima Saher, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 03.09.2022 passed by Special Judge (S.C./S.T. Act)/Additional District & Sessions Judge, Sambhal at Chandausi in Complaint Case No. 125 of 2021 under Section 504 I.P.C. and Section 3(1) Da, Dha of S.C./S.T. Act, P.S. Chandausi, District Sambhal.

At the very outset, learned AGA contends that the present petition under Section 482 CrPC is not maintainable. In support of his argument he has placed reliance on the judgment in Ghulam Rasool Khan and others Vs. State of UP and another, 2022 (8) ADJ 691 (FB)(LB) wherein it has been held that cases relating to Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act') the forum under Section 482 CrPC is not available and the only forum available is to file an appeal under the SC/ST Act.

Confronted with the position, learned counsel for the applicants prays for and is permitted to withdraw the petition to avail the aforesaid remedy.

In view of above, the petition is dismissed as withdrawn.

Office is directed to return the certified copies of the relevant papers/document to the counsel for the applicants.

Order Date :- 20.2.2023/A. Mandhani