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SIDDHARTHA VARMA, VINOD DIWAKAR
Abhishek Awasthi @ Bholu Awasthi – Appellant
Versus
State of U. P. – Respondent
Certainly. Based on the provided legal document, here are the key points:
The High Court has inherent powers under Section 482 of the Cr.P.C. to quash proceedings, including those under the SC/ST Act, even when statutory remedies such as appeals are available, to prevent abuse of process and to secure justice (!) (!) .
There is a distinction between proceedings being "not maintainable" and "not liable to be entertained." The High Court can intervene to prevent abuse of process even if proceedings are technically maintainable but are being used improperly (!) (!) .
The exercise of inherent powers is guided by principles of justice and fairness, and such powers should be exercised sparingly and in rare cases, especially where continuation of proceedings would cause injustice or constitute abuse (!) (!) .
The provisions of the SC/ST Act, particularly Section 14-A, which provides for a statutory appeal process, do not oust the jurisdiction of the High Court under its inherent powers. The High Court can still entertain applications under Section 482 Cr.P.C. to quash proceedings if the case falls within the guidelines for abuse of process or civil nature (!) (!) .
When proceedings under the SC/ST Act are primarily civil or private disputes, or where continuation would be an abuse of law, the High Court has the authority to quash such proceedings under its inherent jurisdiction (!) (!) .
The exercise of inherent powers extends to examining interlocutory orders, including summoning orders, when there is a case of abuse or misuse of process, even if statutory remedies such as appeals are available (!) (!) .
The distinction exists between proceedings being "not maintainable" and "not liable to be entertained," and the High Court's intervention depends on the facts and circumstances, including whether continuation would be unjust or an abuse of process (!) .
The scope of the High Court's inherent powers includes cases where criminal proceedings are initiated due to civil disputes, land, or monetary issues, especially when such proceedings are used as a tool for coercion or vengeance, and not for genuine criminal intent (!) (!) .
The law permits the High Court to quash proceedings involving offences under special statutes like the SC/ST Act where the case is primarily civil, private, or based on settlement, provided that justice and fairness are served (!) (!) .
Overall, the High Court's jurisdiction under Section 482 Cr.P.C. is broad and flexible, allowing it to prevent abuse, uphold justice, and ensure that proceedings are not used as a tool for harassment or vendetta, even when statutory remedies are available (!) (!) (!) .
JUDGMENT :
1. In an application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") being Application U/S 482 Cr.P.C. No.43713 of 2022 (Sushil Kumar Singh v. State of U.P. & Anr.), a learned Single Judge, while deciding the case on 22.3.2023, had held that an application under section 482 Cr.P.C. filed for the quashing of the entire proceedings of a particular Sessions Trial which included the offences under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") would not be maintainable in view of the provisions of section 14-A of the SC/ST Act. In that case, the learned Single Judge, after referring to the judgments of Ramawatar v. State of Madhya Pradesh reported in (2022) 13 SCC 635, Hitesh Verma v. State of Uttarakhand & Anr. reported in AIR 2020 SC 5584, Arnit Das v. State of Bihar reported in 2000 (5) SCC 488, In Re: Provisions of Section 14-A of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 (CRIMINAL WRIT- PUBLIC INTEREST LITIGATION No.8 of 2018) decided on 10.10.2018 and on Ghulam Rasool Khan & Ors. v. State of U.P. & Ors. reported i
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....
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 court emphasized the need for compelling reasons of abuse of process of law or glaring injustice to invoke the inherent powers of the High Court and highlighted the need for circumspection and ca....
Anticipatory bail can be granted even after a charge-sheet is filed, and inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process and secure justice.
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 court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.
In exercise of power under Section 482 of Cr.P.C., Court does not examine the correctness of allegations in a complaint except in exceptionally rare cases where it is patently clear that allegations ....
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