Uttarakhand High Court

CRLA/422/2025 on 7 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
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                                  CRLR No.929 of 2024
                                  With
                                  CRLR No.897 of 2024
                                  Hon'ble Pankaj Purohit, J.

Mr. Siddhartha Sah, Advocate for the revisionists.

2. Mr. S.C. Dumka, A.G.A. with Ms. S.B. Dobhal, B.H. for the State.

3. Mr. Sandeep Kothari, Advocate for respondent no.2.

4. By means of the present criminal revision(s), the revisionists have put to challenge the order dated 21.11.2024, passed by learned Special Judge, Udham Singh Nagar, whereby charges have been framed against the revisionists, under Sections 504 and 506 of IPC and under Section 3(1)(r), 3(1)(s) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015).

5. It is feeling aggrieved by the aforesaid framing of charges the revisionists are before this Court.

6. A preliminary objection has been made by learned counsel for respondent no.2-informant that against every order passed by learned Special Judge, in S.C.S.T. Act, 1989 under Section 14-A appeal is provided.

7. Heard learned counsel for the parties.

8. Section 14-A is quoted hereunder:-

"14-A. Appeals.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law."

9. Having gone through the provision of Section 14-A of S.C.S.T. Act, 1989, there is no manner of doubt in the mind of

this Court that the order(s) impugned in these criminal revisions can only be challenged by preferring an appeal before the Court to which the appeal against conviction would lie. But at the same time, it has been provided under Section 401(5) that in appropriate case the Court can convert the revision into an appeal by exercising power under Section 401(5) of Cr.P.C.

10. Section 401(5) of Cr.P.C. is quoted hereunder:-

"401(5) Where under this Code an appeal lies but an application for revision has been made to the High court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly."

11. After accepting the preliminary objection made by counsel for respondent no.2 this Court in exercise of powers under Section 401(5) of Cr.P.C. converts these criminal revisions to criminal appeals.

10. Office is directed to do needful in light of the judgment passed by this Court.

11. List these cases on 13.08.2025.

12. Interim order dated 12.12.2024 is extended, in both these criminal revisions (now criminal appeal).

(Pankaj Purohit, J.) 07.07.2025 SK