Sub Inspector Sajnu Yadav and 5 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 35469 of 2023 Applicant :- Sub Inspector Sajnu Yadav And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vimal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for State.

¶2The present application under Section 482 Cr.P.C. has been filed to set aside impugned summoning order dated 03.04.2018 under Section 147, 323, 504, 506 I.P.C. and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 passed by the Court of Additional Sessions Judge, Court No. 3/Special Courts (SC/ST Act), Padrauna in Complaint Case No. 45 of 2017 (Manju Devi Vs. Sanju Yadav and others)

¶3Learned A.G.A. has raised preliminary objection and submitted that applicants are having alternative remedy to file appeal under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, which could not be disputed by learned counsel for applicants.

¶4Under such facts and circumstances of the case, application 482 is dismissed with liberty to the applicant to file appeal.

¶5Office is directed to return the certified copy of the impugned order to counsel for applicants after keeping photocopy of the same on record. Order Date :- 12.10.2023 ADY High Court of Judicature at Allahabad