Taufique Raza Shaikh And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 6922 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- APPLICATION U/S 482 No. - 7049 of 2023
 

 
Applicant :- Taufique Raza Shaikh And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sadhu Sharan,Ajay Kumar
 
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 of Special Criminal Case No. 203 of 2022 under Sections 353, 504, 506 IPC and Section 3(1)(da), 3(1)(Dha), 3(2)(Va) of the SC/ST (PA) Act arising out of case crime no. 111 of 2022, P.S. Naraini, District Banda as well as impugned charge sheet dated 22.06.2022 and summoning order dated 01.11.2022 passed by learned Special Judge, SC/ST Act, Banda.

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 seven days.

Order Date :- 2.3.2023

Abhishek Sri.