Aggrieved Person Having Remedy Of Appeal U/S 14A SC/ST Act Cannot Invoke Inherent Jurisdiction U/S 482 CrPC: Allahabad HC
The Allahabad High Court has held that an aggrieved person having remedy of appeal under Section 14A of the SC/ST Act, cannot be allowed to invoke the inherent jurisdiction of a Court under Section 482 Cr. P.C.
The Court stated that the Full Bench judgment in Ghulam Rasool Khan & Ors. v. State of U. P. & Ors., 2022 (8) A.D.J. 691 will hold good till a larger bench decides on the issue pertaining application under Section 482 of CrPC regarding a case under the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).
An application was filed under Section 482 Cr.P.C. to challenge the validity of a charge-sheet filed against the applicant under the SC/ST Act.
However, the opposite party raised a preliminary objection that the applicant has not challenged the validity of the summoning order and without being summoned, the applicant would have no cause of action to challenge the proceedings.
A Single Bench of Justice Subhash Vidyarthi observed, “Although the questions have been referred to a larger Bench by means of an order dated 20.09.2023 passed by a coordinate Bench of this Court at Allahabad in Application under Section 482 No. 8635 of 2023 and other connected matters, the decision in Ghulam Rasool Khan (Supra) will hold good till a decision is taken by a larger Bench.”
Advocate Trideep Narayan Pandey represented the applicant, while G.A. G.K.Dikshit appeared for the opposite parties.
The Allahabad High Court in the Full Bench judgment of the Ghulam Rasool Khan case had held that an applicant has a statutory remedy of filing an appeal under Section 14-A of the SC/ST Act.
The Court explained, “the law on the point stands clarified by two Full Benches, that inherent powers of this Court under Section 482 Cr.P.C. cannot be invoked in cases and situations where an appeal would lie under Section 14A.”
The Court held that the applicant had the remedy of filing an appeal under Section 14-A of the SC/ST Act available to him and that the applicant cannot invoke the inherent powers of the Court under Section 482 Cr.P.C.
Accordingly, the High Court dismissed the application.
Cause Title: Shivam Kashyap v. State Of U.P. (2024:AHC-LKO:12872)
Appearance:
Applicant: Advocates Trideep Narayan Pandey, Deepanker Kumar and Priya Singh
Opposite Party: G.A. G.K.Dikshit and Gopal Krishna Dixit