Court No. - 72
Case :- APPLICATION U/S 482 No. - 29926 of 2018 Applicant :- Smt. Jamwanti And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gauri Shanker Mishra Counsel for Opposite Party :- G.A.,Brijesh Kumar Mishra
Hon'ble Rajiv Joshi,J.
Heard Sri Gauri Shanker Mishra, learned counsel for the applicants, Sri Brijesh Kumar Mishra, learned counsel for opposite party no. 2 and learned A.G.A. for the State.
The present application under section 482,Cr.P.C. has been filed for quashing the chargesheet dated 17.4.2018 and Cognizance order dated 14.6.2018 as well as entire criminal proceedings of Special Case No. 100 of 2018, State Vs. Parmeshwar and others, arising out of Case Crime No. 28 of 2018, U/s 323,504,506,452,427 IPC & 391)(Da) & 3(1) (Dha), SC/ST Act, Police station Bhatani, pending in the court of Special Sessions Judge, SC/ST, Court no. 3, Deoria.
One of the questions involved in the present application has engaged the attention of the Full Bench of this Court in the case, in Re: Provision of Section 14-A of SC/ST (Prevention of Atrocities ) Amendment Act, 2015.Vs. Nil , regarding maintainability of an application under section 482,Cr.P.C. challenging the proceedings of a case where one or more offences involved are under SC/ST Act or whether the only remedy in relation to these offences under section 14-A of the said Act.
The Full Bench in the above decision in paragraph 113 held that the provisions of section 14A would be applicable to all judgments, sentences or orders as well as orders granting or refusing bail passed or pronounced after 26 January, 2016. For ready reference, paragraph 113 of the said Full Bench decision is reproduced below :
"113. We hold that the provisions of section 14A would be applicable to all judgments, sentences or orders as well as orders granting or refusing bail passed or pronounced after 26 January, 2016. We further clarify that the introduction of this provision would not effect proceedings instituted or pending before this Court provided they relate to judgment, sentence or order passed prior to 26 January 2016. The applicability of Section 14A does not depend upon the date of commission of the offence. The determinative factor would be the date of the order of the Special Court or Exclusive Court. "
In view of the above, the present application is not maintainable. The remedy available to the applicants is to file an appeal under section 14-A of SC/ST (Prevention of Atrocities ) Amendment Act, 2015.
The present application is accordingly dismissed as not maintainable.
Order Date :- 26.8.2019 SNT/