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Abhishek Awasthi @ Bholu Awasthi VS State of U. P. - Crimes
"]Abhishek Awasthi @ Bholu Awasthi VS State of U. P. - Crimes
"], ["2024 0 Supreme(All) 952"]The courts have consistently ruled that non-exhaustion of the statutory appeal under Section 14-A bars the jurisdiction of the High Court to entertain petitions under Section 482 Cr.P.C. ["2024 0 Supreme(All) 311"], ["2023 0 Supreme(All) 193"], ["2022 0 Supreme(All) 608"], ["2024 Supreme(Online)(ALL) 179"]
Analysis and Conclusion:
Abhishek Awasthi @ Bholu Awasthi VS State of U. P. - Crimes
"]
In cases registered under the (SC/ST Act), taking by a can be a critical stage for the accused. But what if you believe the order is flawed? Is the remedy a petition under (CrPC) to quash it, or an appeal under Section 14A of the SC/ST Act? This question arises frequently: remedy against taken under the SC and ST Act, whether 482 is lie or appeal Under Section 14 A of C and ST Act will lie.
This blog post breaks down the legal framework, judicial precedents, and practical implications. Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your case.
refers to the point when a court applies its mind to the facts presented in a or and decides to proceed with the , often issuing . Under the SC/ST Act, Special Courts or Exclusive Special Courts handle these cases, designed to fast-track justice for atrocities against marginalized communities.
However, accused persons often challenge orders alleging lack of , , or . The key debate: bypass the statutory route with 's under Section 482 CrPC, or follow the appeal mechanism in Section 14A?
The SC/ST Act provides a specific under : Notwithstanding anything contained in the , an appeal shall lie, from any judgment, sentence or order, not being an , of a or an , to the both on facts and on law.2023 0 Supreme(All) 584
Full Bench decisions have clarified that the term order includes like or summoning orders. We hold also in light of our finding that the word 'order' as occurring in sub-section(1) of Section 14A would also include .2024 0 Supreme(All) 311
Courts emphasize exhausting this remedy first to respect the legislative scheme. 2023 0 Supreme(All) 584
Section 482 CrPC empowers High Courts with to quash proceedings to prevent . However, when a exists under Section 14A, invoking Section 482 is restricted.
In one case, the court held: Learned A.P.P. raised preliminary objection regarding maintainability of the present petition. It is submitted that under Section 14A of the SC/ST Act, only appeal will lie and not a petition under Section 482 of the Cr. P.C.2023 0 Supreme(Jhk) 24
Several rulings reinforce the primacy of Section 14A:
2022 0 Supreme(All) 59
However, nuances exist. In 2024 0 Supreme(All) 1710, the court noted: The retains under to quash proceedings under the SC/ST Act, even when statutory remedies exist, to prevent and secure justice. But this is exceptional.
aren't completely ousted:- Exhausted Remedies: If appeal is unavailable, denied, or ineffective due to procedural bars. 2023 0 Supreme(All) 584- Mala Fide or Abuse: can be exercised to quash proceedings if they are attended with mala fide or , despite the availability of statutory remedies.2024 0 Supreme(All) 1710- Bail Orders: Special considerations for if no prima facie SC/ST case. 2021 0 Supreme(Kar) 186
Courts stress sparingly use: The under should be sparingly exercised, especially when a is available.2024 0 Supreme(All) 594
For accused challenging :1. File Appeal First: Under Section 14A to the – it's your right and broader in scope.2. Document Grounds: Lack of judicial mind, no , or procedural lapses. 2022 0 Supreme(All) 593. Avoid : Courts deprecate jumping to Section 482. 2024 0 Supreme(All) 5944. Seek Expert Advice: Analyze if exceptions apply, like gross abuse.5. Timelines: Act promptly to avoid limitations.
In land disputes masked as SC/ST cases, civil remedies may parallel. 2023 0 Supreme(Jhk) 24
Generally, the remedy against under the SC/ST Act is an appeal under Section 14A, not Section 482 CrPC, to uphold the Act's intent. High Courts exercise only exceptionally.
Key Takeaways:- = Intermediate order, appealable under Section 14A. 2024 0 Supreme(All) 311- Exhaust statutory remedies before Section 482. 2023 0 Supreme(All) 584- Exceptions for . 2024 0 Supreme(All) 1710
Stay informed, but always consult a lawyer. Understanding these remedies can significantly impact your defense strategy in SC/ST proceedings.
References:- 2023 0 Supreme(All) 584, 2024 0 Supreme(All) 311, 2024 0 Supreme(All) 594, 2024 0 Supreme(All) 1710,
, 2022 0 Supreme(All) 59, 2023 0 Supreme(Jhk) 24,
#SCSTAct #LegalRemedy #CrPC482
-I regarding the statutory remedy of filing an appeal under Section 14-A of the Act. ... The application under Section 482 Cr.P.C. was dismissed, leaving it open to the applicant to file an appeal under Section 14-A of ... The interpretation of Section 14-A of the Act was crucial in determining the availability of the remedy of filing an appeal and invoking ... (iii) Whether an aggrieved person who has not availed of the remedy of an appea....
14-A of Act 1989 itself shows that it starts with a non-obstante clause - legislative intent behind inserting non-obstante clause ... care and circumspection as has been reminded by Hon'ble Supreme Court in catena of decisions on various occasions - Perusal of Section ... Learned AGA has further pointed out that the Hon'ble Apex Court has never considered the issue, in the cases relied upon by the learned counsel for the applicants, as to whether appeal would lie under Section #HL_STAR....
14-A of the Act of 1989. ... 14-A of the Act of 1989. ... 14-A of the Act of 1989, and that the appeal would provide a larger scope of enquiry than a Section 482 Cr.P.C. application. ... In the present case, the applicant has a statutory remedy of filing an appeal under Section 14-A of the 1989 Act, which remedy is available to him as a matter of right, and that appeal would also lie before this H....
(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 14-A – Criminal ... 14-A of SC/ST Act – Reference answered. ... when proceedings are not under challenge under Section 482 Cr.P.C., only course open to accused/applicant is to file appeal under Section ... It was held that an aggrieved person having remedy of appeal under Section 14-A of the 1989 Act could not be allowed to invoke the inherent j....
14-A of the SC/ST Act. ... The court examined the maintainability of applications under Section 482 Cr.P.C. in light of statutory remedies provided under Section ... It was held that an aggrieved person having remedy of appeal under Section 14-A of the 1989 Act could not be allowed to invoke the inherent jurisdiction of this Court under Section 482 Cr.P.C. ... (iii) Whether an aggrieved person who has not availed ....
(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 14-A(1) - Cognizance of offences - Impugned ... Now, here the question arises that even if, the remedy of appeal is available to the litigant in terms of Section 14-A of “Atrocities Act, 1989” against an order of taking cognizance of offences, whether inherent powers of this Court envisaged under Section 482 C....
intention in enacting Section 14-A is to oust / override applicability of Cr.P.C. to cases under S.C. and S.T. ... Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 14-A – Appeal – Maintainability ... – Appeal under Section 14-A is maintainable against orders passed by Special Court except against interlocutory orders – Legislative ... (PoA) Act, 1989, the same will come in the category of the orders as provided under Sectio....
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. ... As per Section 14-A(1) of the Act-1989, the applicant may avail the remedy of filing appeal. ... From the Full Bench decision of this court, it is abundantly clear that an appeal under Section 14#HL_EN....
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. ... As per Section 14-A(1) of the Act-1989, learned counsel for the applicant may avail the remedy of filing appeal. ... From the Full Bench decision of this court, it is abundantly clear that an appeal under Section #HL....
(iii) Whether an aggrieved person who has not availed of the remedy of an appeal under he provisions of Section 14 A of Act, 1989 can be allowed to approach the High Court by preferring an application under the provisions of Section 482 of the Cr.P.C.? ... 14. Hence, the answer to Question No.(III) will be in negative namely, that the aggrieved person having remedy of appeal under Sect....
6. Learned A.P.P. raised preliminary objection regarding maintainability of the present petition. It is submitted that under Section 14A of the SC/ST Act, only appeal will lie and not a petition under Section 482 of the Cr. P.C.
From the Full Bench decision of this court, it is abundantly clear that 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.
As can be seen from Section 14-A of the SC and ST Act, a Special Court or an Exclusive Special Court is always a Court of sessions. Thus, sub-section (2) of Section 14-A of the SC and ST Act carves out an exception to the rule under sub-section (1) of Section 14A which lays down that no appeal will lie against an interlocutory order. If the argument that notwithstanding the remedy of an appeal available under sub-section (2) of Section 14-A of the SC and ST Act, the High Court can exercise original or concurrent jurisdiction under Section 439 of Cr.P.C is accepted, then a S....
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