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2024 Supreme(All) 594

SUBHASH VIDYARTHI
Pawan Kumar Alias Pawan Yadav – Appellant
Versus
State of U. P. , Thru. Addl. Chief Secy. Home Govt. Civil Sectt. Lko – Respondent


Advocates Appeared:
For the Applicant : Rakesh Kumar Agarwal, Saksham Agarwal.

JUDGMENT :

1. Heard Sri Saksham Agarwal, the learned counsel for the applicant and Sri Anurag Verma, the learned A.G.A-I appearing on behalf of the State.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of the charge sheet dated 10.01.2024 submitted in furtherance of F.I.R. No. 0797 of 2023, dated 26.11.2023, Police Station P.G.I., Lucknow under Sections 376, 504 I.P.C. and 3 (2) (v) of the Schedule Castes and Scheduled tribes (Prevention of Atrocities) Act, 1989 and also the order dated 20.01.2023 passed by the learned Special Judge (SC/ST Act), Lucknow in Sessions Trial No. 87 of 2024, whereby the Court has taken cognizance of the aforesaid offences and has summoned the applicant to face trial for the offences.

3. Sri. Anurag Verma, the learned A.G.A.-I has raised a preliminary objection that the applicant has a statutory remedy of filing an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (which will hereinafter be referred to as ‘the Act of 1989’). He has placed reliance upon the Full Bench judgment in the case of Ghulam Rasool Khan and others Versus State of U.P. a

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