Raghvendra Prakash Dwivedi vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 9195 ALL

Citation : 2023 Latest Caselaw 9195 ALL
Judgement Date : 28 March, 2023

Allahabad High Court

Raghvendra Prakash Dwivedi vs State Of U.P. Thru. Prin. Secy. ... on 28 March, 2023

Bench: Shamim Ahmed




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 2924 of 2023
 

 
Applicant :- Raghvendra Prakash Dwivedi
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And 2 Others
 
Counsel for Applicant :- Rudra Mani Shukla,Girish Chandra Sinha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Rudra Mani Shukla, learned counsel for the applicant and Shri Tilak Raj Singh, Learned AGA and perused the record.

This application under section 482 Cr P C has been filed by the applicant with the prayer to quash the summoning order dated 23-10-2018 passed by Special Judge, S.C./S.T. Act Sultanpur in Special Trial no. 442/2018 (State Vs Raja Ram others) arising out of case crime no. 242/2018 under sections 352/504/506 read with section 3(i)(d) and 3(i)(e) SC/ ST Act, Police Station Mushaphir Khana, District Amethi and the impugned Charge sheet no. 3 of 2018 dated 06-09-2018.

Leared AGA has raised objection against the maintainability of this application under section 482 Cr.P.C. on the ground that against the impugned summoning order 23-10-2018 passed by Special Judge, S.C./S.T. Act Sultanpur in Special Trial no. 442/2018 (State Vs Raja Ram others) arising out of case crime no. 242/2018 under sections 352/504/506 read with section 3(i)(d) and 3(i)(e) SC/ ST Act, an appeal under section 14-A of SC/ST Act lies in view of the full Bench judgment of this Court dated 28.07.222 passed in Criminal Appeal No. 1000 of 2018, Ghulam Rasool Khan and other Vs State of U.P. & others.

Learned Counsel for the applicant submits that he does not want to press this application at this stage and wants to file an appeal under section 14-A of SC/ST Act as per the direction issued by the full Bench of this Court in Ghulam Rasool Khan (supra).

With the aforesaid observation, this application is disposed of finally.

Certified copies annexed with this application be returned to the learned counsel for the applicants after keeping photostat of the same on the record.

Order Date :- 28.3.2023

GSY