The Allahabad High Court has observed that, if any intermediate order is passed by Special Court or an exclusive Special Court in case relating to an offence under the SC/ST Act, will come in the category of order as provided under Section 14A(1) of SC/ST Act against which only an appeal shall lie before the High Court, both on facts and on law.
A single bench of Justice Anil Kumar Ojha passed this order while hearing an application U/s 482 CrPC filed by Anuj Kumar @ Sanjay and Others.
The Applicants have filed this application with following prayers:-
“Wherefore, it is most respectfully prayed in the interest of justice that this Hon’ble Court may kindly be pleased to allow this application U/s 482 CrPC and quash the impugned charge-sheet and summoning order dated 16-2-2022, passed by II Additional Sessions Judge/ Special Judge, SC/ST Act, Lakhimpur Kheri summoning the applicants to face trial vide Special Sessions Trial, Crime U/s 323/504/506 IPC & 3(1) द, ध of the Act, Police Station Neemgaon, District Lakhimpur Kheri.
It is further prayed that the Court may kindly be pleased to quash the entire criminal proceedings pending against the applicants in the court of the II Additional Sessions Judge/ Special Judge, SC/ST Act, Lakhimpur Kheri vide Special Sessions Trial, Crime U/s 323/504/506 IPC & 3(1) द, ध of the Act, Police Station Neemgaon, District Lakhimpur Kheri in pursuance of the impugned charge sheet and summoning order.
It is further prayed that the Court may kindly be pleased to issue a direction commanding the concerned court below to decide the bail application of the applicants providing them the benefit of the legal proposition laid down by the Apex Court in the reported case Satender Kumar Antil vs Central Bureau of Investigation & Another, 2021(4) Crimes 139 (S.C.).”
Now it is to be seen whether Application U/s 482 CrPC lies against the impugned summoning order dated 16.02.2022 or appeal will lie under Section 14A(1) of the SC/ST Act, the Court said.
In view of the above discussion, I am of the considered opinion that Application U/s 482 CrPC cannot be filed against the summoning order dated 16.02.2022 passed by the II Additional Sessions Judge/ Special Judge, SC/ST Act, Lakhimpur Kheri.
In perusal of prayer further reveals that prayer has also been made to issue a direction commanding the court below to decide the bail application of the applicants providing them the benefit of the legal proposition laid down by the Apex Court in the reported case Satender Kumar Antil vs Central Bureau of Investigation & Another, (2021) 10 SCC 773.
The Court held,
During the course of arguments, Advocates complained that Districts Courts do not follow dictum of Satender Kumar Antil (supra) unless specifically directed by the High Court. This is a sorry state of affairs. The law laid down by the Apex Court in Satender Kumar Antil (supra) is law of land and is binding upon all courts in India.
Hence, there is no need to issue a direction to the trial court concerned to decide the bail application applying the legal proposition laid down by the Apex Court in the reported case Satender Kumar Antil (supra).
The Court disposed of the Application Under Section 482 CrPC with the observation that applicants are permitted to file fresh petitions before the appropriate forum.