The Lucknow Bench of the Allahabad High Court while dismissing an application observed that the inherent powers of the Court under Section 482 CrPC cannot be invoked in cases and situations where an appeal would lie under Section 14A and aggrieved person having remedy of appeal under Section 14A of the 1989 Act, cannot be allowed to invoke inherent jurisdiction of the Court under Section 482 CrPC.
A Single Bench of Justice Subhash Vidyarthi passed this order while hearing an application under section 482 filed by Shivam Kashyap.
By means of the application filed under Section 482 Cr.P.C, the applicant has challenged validity of the charge-sheet dated 12.10.2023 and the entire proceedings of Sessions Case under Sections 147, 148, 302, 307 I.P.C & Section 3 (2) 5 of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Sushant Golf City, District Lucknow, pending in the Court of Special Judge, SC/ST Act, Lucknow.
The A.G.A-I has raised a preliminary objection that the applicant has not challenged the validity of the summoning order and without him having been summoned, the applicant would have no cause of action to challenge the proceedings.
He has submitted that the applicant has the statutory remedy of filing an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
In reply to the aforesaid preliminary objection, the Counsel for the applicant has placed reliance upon the Full Bench judgment in “In re Provision of Section 14A of SC/ST (Prevention of Atrocities) Amendment Act, 2015” : 2018 SCC OnLine All 2087 and Union of India v State of Maharashtra, (2020) 4 SCC 761.
The Court observed that,
A bare perusal of Section 14-A of the Act shows that it starts with the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973”.
Although the questions have been referred to a larger Bench by means of an order dated 20.09.2023 passed by a coordinate Bench of this Court at Allahabad in Application under Section 482 and other connected matters, the decision in Ghulam Rasool Khan (Supra) will hold good till a decision is taken by a larger Bench.
In Union of India v. State of Maharashtra, (2020) 4 SCC 761 relied upon by the Counsel for the applicant, the question involved was regarding the bar created under Section 18 of the Act against grant of anticipatory bail in offences under the Act and the question of maintainability of an Application under Section 482 Cr.P.C was not involved in that case. Therefore, that judgment is not relevant for the decision of the point involved in the case.
Therefore, the mere reference of the aforesaid questions would not affect the binding nature of the law laid down in Ghulam Rasool Khan (Supra).
“In view of the aforesaid discussion, the law on the point stands clarified by two Full Benches, that inherent powers of this Court under Section 482 CrPC cannot be invoked in cases and situations where an appeal would lie under Section 14A and aggrieved person having remedy of appeal under Section 14A of the 1989 Act, cannot be allowed to invoke inherent jurisdiction of the Court under Section 482 CrPC.
Accordingly, as the applicant has the remedy of filing an appeal under Section 14-A available to him, he cannot invoke the inherent powers of the Court under Section 482 CrPC”, the Court further observed while dismissing the application.