Harish Chandra Shukla v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 37844 of 2023 Applicant :- Harish Chandra Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaiya Lal Yadav 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 quash the charge sheet No. 37/2021 dated 27.01.2021, cognizance/summoning order dated 02.08.2021, arising out of Case Crime No. 423 of 2020, in Session Trial No. 359 of 2021(State Vs. Ram Prakash Shukla and Others), under Section 147, 148, 149, 323, 504,506, 354(Kh), 342 I.P.C. and Section 3(2)

(Va) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989, Police Station-Saray Mamrej, District-Prayagraj.

¶3Learned A.G.A. has raised preliminary objection and submitted that applicant is 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 :- 7.11.2023 ADY High Court of Judicature at Allahabad