Order

1. By way of filing the instant petition, a challenge has been led to the impugned orders dated 11.08.2023 and 25.10.2023, passed by learned Special Judge (SC/ST Cases), Jaipur Metropolitan—II, Jaipur by which cognizance has been taken against the petitioner and thereafter, charges have been framed against him under Section 498A IPC and under Sections 3(1)(r)(s), 3(1)(u), 3(1)(2) of the SC/ST Act, 1989 (for short ‘the Act of 1989’).

2. At the outset, learned counsel appearing on behalf of the complainant-respondent has taken an objection that the instant petition is not maintainable, rather an appeal under Section 14A of the Act of 1989 is maintainable against the impugned orders. Hence, under this circumstance, the instant petition is liable to be rejected on this count alone.

3. Heard and considered the submissions made at Bar and perused the material available on the record.

4. Perusal of the record indicates that not only cognizance has been taken against the petitioners, but charges have also been framed against him under Section 498A IPC and under Sections 3(1)(r)(s), 3(1)(u), 3(1)(2) of the Act of 1989. The impugned orders are appealable under Section 14A of the Act of 1989. Section 14A of the Act of 1989 lays down the provisions of appeal and the same is reproduced hereunder:

"14A. Appeals.—

(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.

(2) Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail.

(3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days:

Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days.

(4) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal."

5. Even the Apex Court in the case of Dr. Anand Rai versus State of Madhya Pradesh and Anr. reported in 2025 SCC OnLine Sc 187 has held that the order of framing of charge is not interlocutory order. Hence, appeal under Section 14-A of the Act of 1989 is maintainable. It is held as under in para nos. 7, 17, 18 and 19:

“7. As such, let us look at the relevant provisions thereof- “3. Punishments for offences atrocities.—3 [(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,— xxx-------------------- xxx-----------------------xxx (2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,— xxx---------------- xxx------------------------xxx (v) commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property 1 [knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member], shall be punishable with imprisonment for life and with fine; (va) commits any offence specified in the Schedule, against a person or property, knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with such punishment as specified under the Indian Penal Code (45 of 1860) for such offenc