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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
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....
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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