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2024 Supreme(All) 311

SUBHASH VIDYARTHI
Shivam Kashyap – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Of Home Affairs Lko. – Respondent


Advocates Appeared:
For the Applicant : Trideep Narayan Pandey, Deepanker Kumar, Priya Singh
For the Opposite Party : G.K.Dikshit, Gopal Krishna Dixit

JUDGMENT :

1. Heard Sri Trideep Narayan and Ms. Charu Singh Advocates, the learned counsel for the applicant, Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State and Sri G. K. Dikshit, the learned counsel for the opposite party no.2/complainant.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has challenged validity of the charge-sheet dated 12.10.2023 and the entire proceedings of Sessions Case No.3088 of 2023, arising out of Case Crime No.385 of 2023, under Sections 147, 148, 302, 307 I.P.C. & Section 3 (2) 5 of Scheduled Caste and the Scheduled Tribes ( Prevention of Atrocities) Act, 1989, registered at Police Station Sushant Golf City, District Lucknow, pending in the Court of Special Judge, SC/ST Act, Lucknow.

3. The learned A.G.A.-I has raised a preliminary objection that the applicant has not challenged the validity of the summoning order and without him having been summoned, the applicant would have no cause of action to challenge the proceedings. He has submitted that the applicant has the statutory remedy of filing an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

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