Court No. - 12
Case :- APPLICATION U/S 482 No. - 42402 of 2018 Applicant :- Ashok Kumar And 3 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Learned A.G.A. has raised preliminary objection that now after the judgment of Full Bench vide its judgment and order dated 10.10.2018 passed in Criminal Writ Public Interest Litigation No. 8 of 2018 In Re Provision Of Section 14a Of Sc/St (Prevention Of Atrocities) Amendment Act, 2015 Vs. Nil, the 482 application is not maintainable on the ground of alternative remedy. He further submitted that now the applicant may file Appeal as provided under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act, 1989), which could not be disputed by learned counsel for the applicant.
Accordingly, application is dismissed on the ground of alternative remedy with liberty to file appeal before the appropriate forum, if so advised.
Certified copy of the order be returned to learned counsel for the applicants after keeping the photocopy of the same in the record.
Order Date :- 29.11.2018 Arvind