LI Network
Published on: October 4, 2023 at 14:49 IST
The Allahabad High Court recently referred the question of whether an application filed under Section 482 of the CrPC, challenging the entire proceedings of a case under the SC/ST Act, to a larger bench.
This decision came about due to conflicting judgments within the High Court regarding the validity of such applications under Section 482 CrPC.
The court noted that there was a difference of opinion between two Single Judges of the High Court in the cases of Anuj Kumar @ Sanjay and Others vs. State Of UP and Others (2022) and Devendra Yadav And 7 Others vs. State of UP (2023).
In the Anuj Kumar case, it was held that an application under Section 482 CrPC cannot be filed against a summoning order passed by a Special Judge in an SC/ST Act Offence.
It further stated that if the accused seeks to quash the proceedings of the case/charge sheet along with the summoning and cognizance order, the remedy is through an appeal under Section 14-A(1) of the SC/ST Act.
However, in the Devendra Yadav case, it was held that an order issuing a summons to an accused for an offence under the SC/ST Act can be challenged by filing an application under Section 482 CrPC. This judgment referred to Supreme Court rulings that criminal proceedings arising from the SC/ST Act can be quashed using Section 482 of the CrPC.
To address this conflict, the bench of Justice JJ Munir referred the issue to a larger bench. The court recognized that it would be unwise to offer its own opinion, given the disagreement between the two Single Judge decisions.
Refraining from commenting on the merits of the case, Justice Munir referred two key questions to the larger bench:
1. Whether challenging the entire proceedings of a case under the SC/ST Act, without challenging any interlocutory order, such as a summoning order, falls under the rule established in Ghulam Rasool Khan vs. State of UP and others?
2. Whether a challenge to proceedings under the SC/ST Act can be raised through an Application under Section 482 CrPC, especially when both the proceedings and the order of cognizance and summoning of the applicant are challenged, considering the principle laid out in Ghulam Rasool Khan (supra)?
In the Ghulam Rasool Khan case, it was determined that individuals who had not utilized the remedy of an appeal under Section 14A of the SC/ST Act were not allowed to approach the High Court by filing an application under Section 482 of the CrPC.
This referral comes in the context of several Section 482 CrPC petitions concerning SC/ST Act offences.
Case Title – Abhishek Awasthi @ Bholu Awasthi vs. State of UP and Another, along with connected matters (2023 LiveLaw (AB) 359).
Also Read: https://www.lawinsider.in/insight/powers-under-section-482-crpc