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SUBHASH VIDYARTHI
Shivam Kashyap – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Of Home Affairs Lko. – Respondent
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
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 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 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....
Power under Section 156(3) Cr.P.C. warrants application of judicial mind.
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....
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