Court No. - 88

Case :- APPLICATION U/S 482 No. - 20995 of 2021

Applicant :- Sonu And Another

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Surendra Mohan Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Aslam,J.

Heard Shri Surendra Mohan Mishra, learned counsel for the

applicants as well as Shri L.D. Rajbhar, learned A.G.A. for the

State.

The instant application is moved under Section 482 Cr.P.C. to

quash the summoning order dated 01.06.2019 passed by

Additional Sessions Judge/Special Judge (SC/ST Act), Court

No.2, Maharajganj in Complaint Case No. 87 of 2019

(Shivpoojan vs. Chandra Kamal & others), under Sections 147,

148, 323, 506 I.P.C. read with Section 3(2)(V-ka) SC/ST Act

and Sections 427, 452, 504 I.P.C. and Section 3(2)(5) SC/ST

Act, Police Station- Kolhui, District- Maharajganj, pending in

the court of learned Special Judge (SC/ST Act), Court No.2,

Maharajganj.

It is contended by learned counsel for the applicants that the

instant case has been filed on the basis of false and concocted

story. The lower court without considering the facts and

circumstances of the case passed the impugned summoning

order against the law and the same is liable to be quashed.

Per contra, learned A.G.A. has opposed the application and

stated that the present application is bared by Section 14-A(1)

of SC/ST Act.

As per Section 14-A(1) of the Act-1989, the applicants may

avail the remedy of filing appeal.

Section 14-A(1) of the Act-1989 reads as follows:-

"14A Appeal-(1) Notwithstanding anything contained in the Code of

Criminal Procedure-1973 (2 of 1974), an appeal shall lie, from any

judgment, sentence or order, not being an interlocutory order, of a Special

Court or an Exclusive Special Court, to the High Court both on facts and

on law."

Full Bench of this Court in re: Provision of Section 14-A of

SC/ST (Prevention of Atrocities) Amendment Act, 2015 and

Others vs Nil and others [reported in 2018 0 CrLJ 5010] has

held that "a petition under the provisions of Article 226/227 of the

Constitution of India cannot invoke in cases and situations where an

appeal would lie under Section 14-A. In so far as the powers of the Court

with respect to the revisional jurisdiction is concerned, we find that the

provisions of Section 397 Cr.P.C. stand impliedly excluded by virtue of

special provisions made in Section 14-A. This, we hold also in light of our

finding that the word "order" as occurring in sub-section (1) of Section

14-A would also include intermediate orders."

From the Full Bench decision of this court, it is abundantly

clear that an appeal under Section 14-A (1) of SC/ST Act would

lie against intermediate order. Taking cognizance and issuing

process also come within the ambit of intermediate order.

In view of the above remedy available to the applicants, the

application under Section 482 Cr.P.C. is disposed of with liberty

to the applicants to avail the remedy of filing an appeal under

the aforesaid Act.

Let the certified copy of the impugned order be returned to the

learned counsel for the applicants after retaining its photostat

copy on record.

Order Date :- 16.3.2022

Vikas

Digitally signed by VIKAS VERMA

Date: 2022.03.16 17:53:22 IST

Reason:

Location: High Court of Judicature

at Allahabad