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2023 Supreme(All) 584

SHEKHAR KUMAR YADAV
Sushil Kumar Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sugendra Kumar Yadav, Dilendra Pratap Singh.

JUDGMENT :

SHEKHAR KUMAR YADAV, J.

1. Heard Sri Anoop Trivedi, learned Senior Counsel for the applicant, Sri R.P. Mishra, learned A.G.A. for the State and perused the material available on record.

2. The present application U/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of S.T. No. 469 of 2022 (State vs. Sushil Kumar Singh) arising gout of Case Crime No. 45 of 2018, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C. and Section 3(1)(Da) and 3(1)(Dha) of SC/ST Act, P.S. Khajani, District Gorakhpur including the charge sheet as well as cognizance order dated 8.2.2022 passed by learned Additional District Judge (Special Judge) SC/ST Act, Gorkahpur.

3. A preliminary objection has been raised by learned A.G.A. regarding maintainability of the application on the ground that the applicant has a statutory alternative remedy of appeal challenging the cognizance/summoning order under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (in short 1989 Act). It is submitted that the present 482 petition is not maintainable in view of opening line of Section 14-A of the Scheduled Castes and Sch

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