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IN THE HIGH COURT OF ALLAHABAD
KARUNESH SINGH PAWAR, MOHD. FAIZ ALAM KHAN
Shailendra Yadav @ Salu – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. appeal procedures under the act. (Para 2 , 3 , 5 , 6 , 7) |
| 2. arguments against restrictive appeal processes. (Para 9 , 10 , 11 , 12 , 14) |
| 3. understanding legislative intent of the act. (Para 15 , 19 , 25) |
| 4. definition of appeal implications on judgements. (Para 55 , 56) |
JUDGMENT :
MOHD. FAIZ ALAM KHAN, J.
1. Heard S/Shri Avinash Singh Vishen, Prashant Kumar Srivastava, assisted by Ankit Baranwal and Ankit Gautam, S.M. Singh Royekwar, assisted by Sumeet Tahilramani and Eshan Kumar Gupta, Ms. Saumya Singh, Vaibhav Srivastava, Saksham Agarwal against the Reference and S/Shri I.B. Singh assisted by Nischal Verma, Nadeem Murtaza assisted by Shubham Tripathi, Harsh Vardhan Kediya, Wali Nawaz Khan and Ms. Snigdha Singh, Ishan Baghel, Vikas Vikram Singh assisted by Shri Naved Ali, Yash Bhardwaj, Rajat Gangwar, Anand Kumar, Vivek Bhushan Gupta, Saurabh Upadhyay, Skand Bajpai Ms. Swati Singh, Abhinav Srivastava and Mayuresh Srivastava, as well as Dr. V.K. Singh, learned Government Advocate assisted by Anurag Varma, AGA-I, G.D. Bhatt, AGA-I, Pawan Kumar Mishra, AGA, Ajit Singh and Ms. Rani Singh, Brief Holders, Anupam Mehrotra, Aishvarya Mathur, Shreshth Srivastava, Sandeep Yad
The court ruled that appeals under the Scheduled Castes and Scheduled Tribes Act, 1989 must be filed under Section 14-A regardless of acquittal under the Act but conviction under IPC, clarifying legi....
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....
The main legal point established is that the bail application under Section 439 Cr.P.C. cannot be held to be maintainable when offences alleged against applicant includes offence punishable under Sec....
A second criminal appeal against the same order rejecting bail is not maintainable after an initial dismissal under Section 14(A) of the Special Act.
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....
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