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SUBHASH VIDYARTHI
Pawan Kumar Alias Pawan Yadav – Appellant
Versus
State of U. P. , Thru. Addl. Chief Secy. Home Govt. Civil Sectt. Lko – Respondent
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
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 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 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.
(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....
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.
Power under Section 156(3) Cr.P.C. warrants application of judicial mind.
Cognizance taken without hearing the accused for added charges under IPC is unsustainable; rights to a fair process must be preserved.
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