SUSHIL KUMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri. Anoop Trivedi, learned Senior Counsel for the applicant, Sri. R.P. Mishra, learned A.G.A. for the State and perused the material available on record.

(2.) The present application u/S 482 Cr. P.C. has been filed by the applicant with the prayer to quash the entire proceedings of S.T. No. 469 of 2022 (State v. Sushil Kumar Singh) arising gout of Case Crime No. 45 of 2018, under Ss. 419, 420, 467, 468, 471, 504, 506 I.P.C. and Sec. 3(1)(Da) and 3(1)(Dha) of SC/ST Act, P.S.-Khajani, District-Gorakhpur including the charge sheet as well as cognizance order dtd. 8/2/2022 passed by learned Additional District Judge (Special Judge) S.C./S.T. Act, Gorkahpur.

(3.) A preliminary objection has been raised by learned A.G.A. regarding maintainability of the application on the ground that the applicant has a statutory alternative remedy of appeal challenging the cognizance/summoning order under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (in short 1989 Act). It is submitted that the present 482 petition is not maintainable in view of opening line of Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which is a statutory provision and this Sec. starts with non obstant clause that "Notwithstanding anything contained in the Criminal Procedure Code, 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." In support of his contention, learned A.G.A. has relied upon the Full Bench decisions of this Court in the case of Ghulam Rasool Khan v. State of UP, 2022 0 Supreme (All) 608 and In Re : -Provision of Sec. 14A of SC/ST (Prevention of Atrocities) Amendment Act, 2015 (CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. - 8 of 2018) decided on 10/10/2018.