SUBHASH VIDYARTHI
Sumit Kumar Alias Sumit Kumar Gupta – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Home Deptt. Lko. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Alok Srivastava-II, the learned counsel for the applicant, Sri Anurag Verma, the learned AGA-I for the State and perused the record.
2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of the charge-sheet No. 01/2023 dated 16.03.2023 as well as the summoning order dated 25.05.2023 and the order dated 27.03.2024 passed by the learned Special Judge SC/ST Act, Gonda issuing a non-bailable warrant against the applicant and the entire proceedings of Sessions Case No. 806 of 2023; State versus Sumit Kumar Gupta & Ors, relating to Case Crime No. 70 of 2023, under Sections 323, 504, 506, 241 IPC & Sections 3 (1)(Da)(Dha) of Scheduled Caste and Scheduled Tribe Act, Police Station Kaudia, District Gonda pending in the Court of learned Special Judge SC/ST Act, Gonda.
3. The learned AGA-I has raised a preliminary objection that the applicant has got a statutory remedy of filing an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, and, therefore, the application under Section 482 Cr.P.C. should not be entertained.
4. The learned AGA-I has relied upon
National Insurance Company Limited v. Pranay Sethi
Union of India v. State of Maharashtra
Amrendra Pratap Singh vs. Tej Bahadur Prajapati
State of Orissa v. Mohd. Illiyas
State of Orissa v. Sudhansu Sudhansu Sekhar Misra (1968) 2 SCR 154
Union of India v. Dhanwanti Devi (1996) 6 SCC 44
P.S. Sathappan v. Andhra Bank Ltd.: (2004) 11 SCC 672
Haryana Financial Corpn. v. Jagdamba Oil Mills (2002) 3 SCC 496
Nalini Mahajan (Dr.) v. Director of Income Tax (Investigation) (2002) 257 ITR 123 (Del)
State of Uttar Pradesh v. Synthetics and Chemicals Ltd. (1991) 4 SCC 139
A-One Granites v. State of Uttar Pradesh (2001) 3 SCC 537
Bhavnagar University v. Palitana Sugar Mill (P) Ltd. (2003) 2 SCC 111
State of Gujarat v. Akhil Gujarat Pravasi V.S. Mahamandal (2004) 5 SCC 155
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.