Brijlal Gautam vs State Of U.P. And 5 Others
2023 Latest Caselaw 13606 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 
Case :- APPLICATION U/S 482 No. - 43107 of 2022
 
Applicant :- Brijlal Gautam
 
Opposite Party :- State Of U.P. And 5 Others
 
Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

By moving this application, the prayer is made to quash the impugned order dated 22.7.2022 passed in complaint case no. 13 of 2018, Brijlal Gautam Vs. Jafar Ali and others, under section 147, 323, 506 I.P.C. and section 3(2)5 SC/ST Act, and section 392, 504 I.P.C. and section 3(1) 10 SC/ST Act, police station Kotwali District Maharajganj.

By the impugned order, learned SC/ST Court dismissed the complaint of the complainant with the finding that in the judgment of Soni Devi Vs. State of U.P. and 10 others decided on 7.4.2022, the Special Court has no right to proceed on the complaint case.

Learned counsel for the applicant placed before the court a judgment on 83 applications under section 482 Cr.P.C. and Cr. Appeals passed by a Division Bench of this court, whereby the Division Bench of this court found the view of Single Bench of this court taken in Soni Devi Vs. State of U.P. and others, 2022, (5) ADJ 64 an incorrect view and the Division Bench found that the court concerned exercising its jurisdiction can treat the application u/s 156(3) Cr.P.C. as a complaint case. Though it is true that at the time of passing order dated 22.7.2022, this judgment dated 17.10.2022 in 83 Applications u/s 482 Cr.P.C. and criminal appeals had not been passed but as now the finding in Soni Devi (supra) is found to be incorrect and it is found that Special Court can treat the application u/s 156(3) Cr.P.C. as complaint, so the Special Court can not only register the application u/s 156(3) Cr.P.C. as a complaint, that court has a right to proceed with the complaint also. Hence, the order dated 22.7.2022 is quashed in the light of the Judgment in Naresh Kumar Valmiki Vs. State of U.P. along with 82 applications u/s 482 Cr.P.C. and on appeals passed on 17.10.2022 and the matter is relegated back to the trial court to pass afresh cognizance order after taking into consideration the previous facts as well as the present facts.

The application u/s 482 Cr.P.C. is allowed.

Order Date :- 1.5.2023

Gss