The High Court said, the appeal filed under Section 482 of CrPC is not maintainable. High Court said, the appeal filed under section 482 of CrPC is not maintainable


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  • Summons were issued by the Sessions Judge after the charge sheet was filed in the case registered at Nimgaon police station of Lakhimpur.

The Allahabad High Court has held that an appeal under section 482 CrPC against a summons order passed by a special judge in the offense of the Scheduled Castes/Scheduled Tribes Act (SCST ACT) is not maintainable. Because, appeal cannot be filed under 482. The Court held that the appeal is maintainable only under Section 14A(1) of the SCST Act. Justice Anil Kumar Ojha has given this order while hearing the petition of Anuj Kumar alias Sanjay and others.

In this case, an FIR was lodged against the petitioner at the Nimgaon police station of Lakhimpur Kheri under the SCST Act. The summons was issued to the petitioner on the basis of the charge sheet by the Special Sessions Judge SCST of the District Court of Lakhimpurkhiri in the case. The petitioner had filed an appeal under section 482 of CrPC in the Allahabad High Court seeking to quash the summons issued to it along with the charge sheet. The court said that the SCST Act is a special law and it is effective on the provision of CrPC. Therefore, the system of filing an appeal on the pass order under this law has been given in section 14A(1) of this law. The court said that an appeal can be filed before the High Court under the same law against the order passed by the special judge by the petitioner. Appeal under section 482 of CrPC is not maintainable. The High Court, in its order, has referred to the Supreme Court’s decision of Girish Kumar Suneja vs CBI. In which it is said that taking cognizance of the offense and summoning the accused is an intermediate order. Therefore an appeal against the order passed by the Special Judge SCST cannot lie under section 482 CrPC.

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