Miscellaneous Petition Dismissed; Section 14A of SC/ST Act Mandated for Appeals
In a significant ruling, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, has mandated the use of Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for appeals against orders of cognizance and framing of charges. The court dismissed a miscellaneous petition filed by Sandeep Kumar Arora challenging orders dated August 11, 2023, and October 25, 2023, by the Special Judge (SC/ST Cases), Jaipur Metropolitan-II, which took cognizance and framed charges under Section 498A IPC and various sections of the SC/ST Act.
The court emphasized that such orders are not interlocutory and are indeed appealable under Section 14A of the SC/ST Act, 1989. It was reiterated that the statutory provision for appeal must be utilized, and the attempt to bypass this through a petition under Section 482 Cr.P.C. is not permissible.
The judgment aligns with the Supreme Court's stance in Dr. Anand Rai v. State of Madhya Pradesh, confirming that framing of charges is not an interlocutory order and thus falls under the purview of Section 14A appeals. The court underscored the appellate court's duty to independently evaluate evidence and legal aspects, ensuring a thorough judicial process.
Justice Dhand granted liberty to the petitioner to pursue the statutory appeal while also addressing the possible application of Section 14 of the Limitation Act for exclusion of time in filing appeals. This ruling reinforces the procedural rigor intended by the SC/ST Act, ensuring that protective measures for scheduled caste and tribe members are upheld through proper judicial channels.
Bottom line:-
Appeal under Section 14A of the SC/ST Act, 1989 is maintainable against orders of cognizance and framing of charges, as these are not interlocutory in nature. Filing a petition under Section 482 Cr.P.C. cannot bypass the appellate remedy provided under the statute.
Statutory provision(s): Section 14A of the SC/ST Act, 1989, Section 498A IPC, Sections 3(1)(r)(s), 3(1)(u), 3(1)(2) of the SC/ST Act, 1989, Section 482 Cr.P.C., Section 14 of the Limitation Act, 1963.
Sandeep Kumar Arora v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2922763
