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2024 Supreme(All) 952

SUBHASH VIDYARTHI
Sumit Kumar Alias Sumit Kumar Gupta – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Home Deptt. Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Alok Srivastava,Pranav Tivaree
For the Opposite Party : G.A.

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

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