Back
RAJESH BINDAL, SAURABH LAVANIA, AJAI KUMAR SRIVASTAVA I
Ghulam Rasool Khan – Appellant
Versus
State of U. P. – Respondent
ORDER :
RAJESH BINDAL, CJ.
1. On a reference made by the learned Single Judge vide order dated August 3, 2018 to a larger Bench and constitution thereof by Hon’ble the Chief Justice, on administrative side, for consideration of the following questions, the matter has been placed before us :
(ii) Whether keeping in view the judgment of Rohit (supra), an aggrieved person will have two remedies available of preferring an appeal under the provisions of Section 14 A of the Act, 1989 as well as a bail application under the provisions of Section 439 of the Cr.P.C.?
(iii) Whether an aggrieved person who has not availed of the remedy of an appeal under the provisions of Section 14 A of Act, 1989 can be allowed to approach the High Court by preferring an application under the provisions of Section 482 of the Cr.P.C.?
(iv) What would be the remedy available to
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....
The court ruled that appeals under the Scheduled Castes and Scheduled Tribes Act, 1989 must be filed under Section 14-A regardless of acquittal under the Act but conviction under IPC, clarifying legi....
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 subsequent appeal for anticipatory bail under Section 14A(2) of the Act of 1989 is maintainable, but must demonstrate new grounds or changed circumstances to be considered on its merits.
availability of the remedy of appeal under sub-section (2) of Section 14-A of the SC and ST Act, it will not be open for the High Court to exercise the original or concurrent jurisdiction under Secti....
A second criminal appeal against the same order rejecting bail is not maintainable after an initial dismissal under Section 14(A) of the Special Act.
The main legal point established is that the bail application under Section 439 Cr.P.C. cannot be held to be maintainable when offences alleged against applicant includes offence punishable under Sec....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
