SHIVAM KASHYAP Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Trideep Narayan and Ms. Charu Singh Advocates, the learned counsel for the applicant, Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State and Sri G. K. Dikshit, the learned counsel for the opposite party no.2/complainant.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicant has challenged validity of the charge-sheet dtd. 12/10/2023 and the entire proceedings of Sessions Case No.3088 of 2023, arising out of Case Crime No.385 of 2023, under Ss. 147, 148, 302, 307 I.P.C. and Sec. 3 (2) 5 of Scheduled Caste and the Scheduled Tribes ( Prevention of Atrocities) Act, 1989, registered at Police Station Sushant Golf City, District Lucknow, pending in the Court of Special Judge, SC/ST Act, Lucknow.

(3.) The learned A.G.A.-I has raised a preliminary objection that the applicant has not challenged the validity of the summoning order and without him having been summoned, the applicant would have no cause of action to challenge the proceedings. He has submitted that the applicant has the statutory remedy of filing an appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He has placed reliance upon the Full Bench judgment in the case of Ghulam Rasool Khan and others versus State of U. P. and others : 2022 (8) A.D.J. 691 = 2022 SCC OnLine All 975.