Hitesh Gulati vs State Of U.P. And Another
2023 Latest Caselaw 1044 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 28975 of 2021
 

 
Applicant :- Hitesh Gulati
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashok Kumar Singh Bais
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Sharma,J.

Heard Sri Yogendra Kumar Mishra, advocate holding brief of Sri Ashok Kumar Singh Bais, learned counsel for the applicant, learned AGA for the State and perused the record.

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In view of above, the petition is dismissed as withdrawn.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

Order Date :- 10.1.2023

Shahroz