Application U/S 482 CrPC Cannot Be Entertained When Statutory Remedy Of Filing Appeal U/S 14-A SC/ST Act Is Available: Allahabad HC
The Allahabad High Court observed that an application under Section 482 of the Cr.P.C. cannot be entertained when the statutory remedy of filing an appeal under Section 14-A of the SC/ST Act was available.
The Lucknow Bench dismissed an application under Section 482 of the Cr.P.C. filed to seek the quashing of the charge-sheet, the summoning order and the entire proceedings of Case under Sections 323, 504, 506, 241 of the IPC and Sections 3 (1)(Da)(Dha) of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).
A Single Bench of Justice Subhash Vidyarthi, observed, “The application under Section 482 Cr.P.C. filed by the applicant seeking quashing of the charge-sheet, the summoning order and the entire proceedings of Case under Sections 323, 504, 506, 241 IPC & Sections 3 (1)(Da)(Dha) of 14- A of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, 1989 is not entertainable and the same is dismissed, leaving it open to the applicant to avail the statutory remedy under Section 14-A of the 14-A of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, 1989.”
Advocate Alok Srivastava represented the applicant, while AGA Rajnish Kumar Verma appeared for the opposite party.
The High Court referred to the Single Judge’s decision in Shivam Kashyap v. State of U.P. wherein the question of maintainability of an application under Section 482 of the Cr.P.C. in spite of the availability of the remedy of filing an appeal under Section 14-A of the S.C./S.T. Act was considered.
The Bench had 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 of the Cr. P.C.
The Court explained that a bare perusal of Section 14-A of the SC/ST Act showed that it starts with the words “Notwithstanding anything contained in the Criminal Procedure Code, 1973 (2 of 1974)”.
Consequently, the Court stated that an application under Section 482 of the Cr.P.C. filed by the applicant seeking quashing of the charge-sheet, the summoning order and the entire proceedings was not entertainable.
The Bench stated that the applicant had the option of availing the statutory remedy available under Section 14-A of the SC/ST Act.
Accordingly, the High Court rejected the bail application.
Cause Title: Sumit Kumar Alias Sumit Kumar Gupta & Ors. v. State Of U.P. & Anr. (Neutral Citation: 2024:AHC-LKO:42447)
Appearance:
Applicant: Advocate Alok Srivastava
Opposite Party: AGA Rajnish Kumar Verma; Advocates Aslam Javed Siddiqui and Munna Singh
