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SIDDHARTHA VARMA, VINOD DIWAKAR
Abhishek Awasthi @ Bholu Awasthi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
In an application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) being Application U/S 482 Cr.P.C. No.43713 of 2022 (Sushil Kumar Singh v. State of U.P. & Anr.), a learned Single Judge, while deciding the case on 22.3.2023, had held that an application under section 482 Cr.P.C. filed for the quashing of the entire proceedings of a particular Sessions Trial which included the offences under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) would not be maintainable in view of the provisions of section 14-A of the SC/ST Act. In that case, the learned Single Judge, after referring to the judgments of Ramawatar v. State of Madhya Pradesh reported in (2022) 13 SCC 635, Hitesh Verma v. State of Uttarakhand & Anr. reported in AIR 2020 SC 5584, Arnit Das v. State of Bihar reported in 2000 (5) SCC 488, In Re: Provisions of Section 14-A of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 (Criminal Writ - Public Interest Litigation No.8 of 2018) decided on 10.10.2018 and on Ghulam Rasool Khan & Ors. v. State of U.P. & Ors. reported in AI
(1) When challenge lies to entire proceeding of a case registered under SC/ST Act, High Court could entertain the case under its inherent jurisdiction to secure end of justice – High Courts are not m....
The High Court retains inherent powers under Section 482 Cr.P.C. to quash proceedings under the SC/ST Act, even when statutory remedies exist, to prevent abuse of process and secure justice.
The inherent powers under Section 482 Cr.P.C. cannot be invoked when a statutory remedy is available under Section 14-A of the SC/ST Act, emphasizing the primacy of statutory provisions in criminal p....
The court emphasized the need for compelling reasons of abuse of process of law or glaring injustice to invoke the inherent powers of the High Court and highlighted the need for circumspection and ca....
Anticipatory bail can be granted even after a charge-sheet is filed, and inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process and secure justice.
The main legal point established in the judgment is that the availability of the remedy of filing an appeal under Section 14-A of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocitie....
(1) Criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala fides or political vendetta of first informant or complainant.(2) Crimin....
The court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
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