Citation : 2023 Latest Caselaw 1207 ALL
Judgement Date : 11 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- APPLICATION U/S 482 No. - 11369 of 2022 Applicant :- Rukhshana And 5 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Om Prakash,Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
At the very outset, learned A.G.A. contends that the present petition U/S 482 Cr.P.C. is not maintainable. In support of his argument, learned A.G.A. has placed reliance on the judgment of Ghulam Rasool Khan And Others Vs.State of U.P. and Another, 2022 (8) ADJ 691 (FB) (LB) (All) wherein it has been held that cases relating to S.C./S.T. (Prevention of Atrocities Act), the forum of 482 Cr.P.C. is not available and the only forum available is to file an appeal under the S.C./S.T. 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In view of the above, the petition is dismissed as withdrawn.
Office is directed to return the certified copies of the relevant papers/documents.
Order Date :- 11.1.2023
S.Verma
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