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UMESH CHANDRA SHARMA
Brijesh Kumar Tiwari @ Pankaj – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Umesh Chandra Sharma, J.
Heard Dr. C.P. Upadhyay, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned A.G.A. for the State and perused the material available on record.
2. At the time of hearing of argument an objection regarding maintainability of this petition, has been raised by the learned A.G.A that since the order dated 25.11.2022, by which 19-B Discharge application has been rejected, has been challenged which is a final order, hence a revision can be preferred against such order and a petition under Section 482 Cr.P.C. is not maintainable. Contrary to that learned counsel for the appellant argued that since the entire proceeding of the aforesaid case has also been challenged, hence this petition under 482 Cr.P.C is maintainable. In support of the argument learned counsel for the applicant has relied on following citations.
3. In Amit Kapoor v. Ramesh Chander and others, para 19 and 20, following principles have been laid down:-
Against the revisional order of the Sessions Court 482 is maintainable.
Court confirmed that charges must be based on prima facie evidence during the discharge stage, and only extremely implausible allegations warrant quashing of charges.
The court emphasized the limited scope of the court's jurisdiction under the Criminal Procedure Code at the stage of framing of charges, highlighting the need to accept the material brought on record....
When an order under challenge is not interlocutory in nature and is amenable to the revisional jurisdiction, then inherent jurisdiction under Section 482 Cr.P.C. could not be exercised.
Point of Law : Once charges have been framed, the issue of discharge becomes redundant, as Courts have no jurisdiction to allow discharge after charges having been framed.
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.
The main legal point established in the judgment is that an order of maintenance affects the right of a person drastically and substantially, hence, it cannot be treated as an interlocutory order and....
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