(1.) Heard S/Shri Avinash Singh Vishen, Prashant Kumar Srivastava, assisted by Ankit Baranwal and Ankit Gautam, S.M. Singh Royekwar, assisted by Sumeet Tahilramani and Eshan Kumar Gupta, Ms. Saumya Singh, Vaibhav Srivastava, Saksham Agarwal against the Reference and S/Shri I.B. Singh assisted by Nischal Verma, Nadeem Murtaza assisted by Shubham Tripathi, Harsh Vardhan Kediya, Wali Nawaz Khan and Ms. Snigdha Singh, Ishan Baghel, Vikas Vikram Singh assisted by Shri Naved Ali, Yash Bhardwaj, Rajat Gangwar, Anand Kumar, Vivek Bhushan Gupta, Saurabh Upadhyay, Skand Bajpai Ms. Swati Singh, Abhinav Srivastava and Mayuresh Srivastava, as well as Dr. V. K. Singh, learned Government Advocate assisted by Anurag Varma, AGA-I, G.D. Bhatt, AGA-I, Pawan Kumar Mishra, AGA, Ajit Singh and Ms. Rani Singh, Brief Holders, Anupam Mehrotra, Aishvarya Mathur, Shreshth Srivastava, Sandeep Yadav, Ashutosh Kumar Shukla and Ayusth Tandon in support of the Reference.
(2.) The judgment/order of reference dtd. 9/8/2024 has been passed by the learned Single Judge of this Court while dealing with the aforeplaced criminal appeals, taking a divergent view from the one expressed by the Division Bench of this Court in Criminal Appeal No. 3603 of 2019 (Teja v. State of U.P. and another) wherein the Division Bench of this Court has held that where a person has been acquitted of the offences under the provisions of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act of 1989 ') but convicted under the provisions of The Indian Penal Code, 1860 (hereinafter referred to as the 'IPC ') then an appeal shall lie under The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C. ') and not under the Act of 1989.
(3.) The learned Single Judge is of the view that even if an accused person has been acquitted of the offences under the Act of 1989, the appeal shall lie under Sec. 14-A of the Act of 1989 and also of the view that the correctness of the Division Bench order in the case of Teja v. State of U.P. and another (supra) needs to be considered by a Larger Bench of this Court and, thus, framed the following questions for consideration by a Larger Bench: -
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