Court No. - 88

Case :- APPLICATION U/S 482 No. - 28991 of 2021

Applicant :- Aman Singh Yadav

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Arun Kumar Bajpai

Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Aslam,J.

Heard Shri Arun Kumar Bajpai, learned counsel for the

applicant as well as Shri S.N. Mishra, learned A.G.A. for the

State.

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

quash the impugned order dated 21.10.2021 passed by Special

Judge, SC/ST (P.A.) Act, Fatehpur in Special Sessions Trial No.

852 of 2020 (State vs. Aman Singh Yadav and others), arising

out of Case Crime No. 267 of 2020, under Sections 376-D, 354,

323, 504, 506 I.P.C. and Sections 3(2)(5), 3(2)(5Ka) of

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (in short 'the Act-1989'), Police Station-

Lalauli, District- Fatehpur and it is also prayed to direct the

Special Judge, SC/ST (P.A.) Act, Fatehpur to re-summon the

PW1, Sriram, PW2 Malti Devi (victim) under Section 311

Cr.P.C.

It is contended by learned counsel for the applicant 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 and without applying judicial mind

rejected the application of the application filed under Section

311 Cr.P.C., therefore, the impugned order is liable to be

quashed.

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

stated that in this case charge-sheet has been filed under the

Act-1989.

As per Section 14-A(1) of the Act-1989, learned counsel for the

applicant 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. The order of taking cognizance of

offences is an intermediate order against which appeal would lie

under Section 14-A (1) of SC/ST Act. Taking cognizance and

issuing process also come within the ambit of intermediate

order.

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

application under Section 482 Cr.P.C. is dismissed with liberty

to the learned counsel for the applicant 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 applicant after retaining its photostat

copy on record.

Order Date :- 14.3.2022

Vikas

Digitally signed by VIKAS VERMA

Date: 2022.03.15 16:50:39 IST

Reason:

Location: High Court of Judicature

at Allahabad