# Yogendra Pratap Singh @ Annu v. State of U.P. & Ors

- **Citation:** (2024) 6 ILRA 67
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-06-25
- **Case number:** Criminal Misc. Writ Petition No. 4468 of 2024
- **Bench:** Attau Rahman Masoodi, Ajai Kumar Srivastava-I
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/yogendra-pratap-singh-annu-v-state-of-u-p-ors-52156
- **Pages:** 2

## Headnote

A. Criminal Law - Indian Penal Code,1860
- Sections 323, 504, 506 & 241 -
Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Act, 1989 -
Sections
3(1)(Da)(Dha)
&
14-A
-
Maintainability - Alternative remedy -
While the constitutional and inherent
powers of this Court are not "ousted" by
Section 14A, they cannot be invoked in
cases and situations where an appeal
would lie u/s 14A. (Para 8)

Inherent powers of this Court u/s 482 Cr.
P.C. cannot be invoked in cases and situations
where an appeal would lie u/s 14A and
aggrieved person having remedy of appeal u/s
14A of the 1989 Act, cannot be allowed to
invoke inherent jurisdiction of this Court
u/s 482 Cr. P.C. (Para 8)

B. A decision is not an authority for the
proposition which did not fall for its
consideration. A judicial decision is an
authority for what it actually decides and not for
what can be read into it by implication or by
assigning an assumed intention to the judges,
and inferring from it a proposition of law which
the judges have not specifically laid down in the
pronouncement. (Para 11, 12)
Application dismissed, leaving it open to the
applicant to avail the statutory remedy u/s 14-A
of the 14-A of the Scheduled Castes and
Scheduled tribes (Prevention of Atrocities) Act,

## Text

6 All. Yogendra Pratap Singh @ Annu Vs. State of U.P. & Ors.
67
---------
(2024) 6 ILRA 67
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 25.06.2024

BEFORE

THE HON'BLE ATTAU RAHMAN MASOODI, J.
THE HON'BLE AJAI KUMAR SRIVASTAVA-I, J.

Criminal Misc. Writ Petition No. 4468 of 2024

Yogendra Pratap Singh @ Annu
 ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Ajay Pratap Singh Rathore, Manoj Kumar
Yadav

Counsel for the Respondents:
G.A.

(A)
Criminal
Law
-
The
Code
of
Criminal Procedure, 1973 - Section 41
-A - Notice of appearance before
police officer - Indian Penal Code,
1860 - Sections 323, 354, 504 & 506 -
Punishment
for
the
offences
mentioned in the F.I.R. - less than
seven years - Held - Provisions of
section 41-A CrPC must be strictly
followed for punishments less than
seven years.

Petition disposed of. (E-7)

List of Cases cited:

Arnesh Kumar Vs St. of Bihar & anr., (2014) 8
SCC 273

(Delivered by Hon'ble Attau Rahman
Masoodi, J.
&
Hon'ble Ajai Kumar Srivastava-I, J.)

1. Heard learned counsel for the
petitioner
and
learned
Additional
Government Advocate for the State.

2. This petition seeks issuance of
a direction in the nature of certiorari
for quashing the impugned F.I.R.
registered as Case Crime/F.I.R. No.
196 of 2024 under Sections 323, 354,
504, 506 I.P.C., Police Station Vibhuti
Khand, district Lucknow.

3. The punishment for the
offences mentioned in the impugned
F.I.R. is less than seven years.

4. In view of the order proposed
to be passed in this writ petition,
issuance of notice to the opposite
party no. 4 is dispensed with.

5.

Learned
Additional
Government Advocate looking to the
gravity of punishment being less than
seven
years
has
stated
that
the
provisions of Section 41-A Cr.P.C.
shall be strictly followed in terms of
judgment
rendered
by
Hon'ble
Supreme Court of India in a case
reported in (2014) 8 SCC 273: Arnesh
Kumar
vs.
State
of
Bihar
and
another.

6. The present petition deserves
to be disposed of in terms of the
statement made by learned A.G.A.

7. Accordingly, this petition is
disposed of in view of the provisions
of Section 41-A Cr.P.C. and the law as
laid down by Apex Court in the case
of Arnesh Kumar (supra).
----------
68 INDIAN LAW REPORTS ALLAHABAD SERIES
(2024) 6 ILRA 68
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: LUCKNOW 04.06.2024

BEFORE

THE HON'BLE SUBHASH VIDYARTHI, J.

Application U/S 482 No. 5169 of 2024

Sumit Kumar @ Sumit Kumar Gupta & Ors.
 ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicant:
Alok Srivastava, Pranav Tivaree

Counsel for the Opposite Parties:
G.A.

A. Criminal Law - Indian Penal Code,1860
- Sections 323, 504, 506 & 241 -
Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Act, 1989 -
Sections
3(1)(Da)(Dha)
&
14-A
-
Maintainability - Alternative remedy -
While the constitutional and inherent
powers of this Court are not "ousted" by
Section 14A, they cannot be invoked in
cases and situations where an appeal
would lie u/s 14A. (Para 8)

Inherent powers of this Court u/s 482 Cr.
P.C. cannot be invoked in cases and situations
where an appeal would lie u/s 14A and
aggrieved person having remedy of appeal u/s
14A of the 1989 Act, cannot be allowed to
invoke inherent jurisdiction of this Court
u/s 482 Cr. P.C. (Para 8)

B. A decision is not an authority for the
proposition which did not fall for its
consideration. A judicial decision is an
authority for what it actually decides and not for
what can be read into it by implication or by
assigning an assumed intention to the judges,
and inferring from it a proposition of law which
the judges have not specifically laid down in the
pronouncement. (Para 11, 12)
Application dismissed, leaving it open to the
applicant to avail the statutory remedy u/s 14-A
of the 14-A of the Scheduled Castes and
Scheduled tribes (Prevention of Atrocities) Act,
1989. (E-4)

Precedent followed:

1. Pawan Kumar @ Pawan Yadav Vs St. of U.P. &
ors., 2024 AHC LKO 13846 (Para 4)

2. Shivam Kashyap Vs St. of U.P., 2024 SCC
OnLine All 376 (Para 8)

3. Ghulam Rasool Khan Vs St. of U.P., 2022 SCC
OnLine All. 975 (Para 8, 9)

4. Amrendra Pratap Singh Vs Tej Bahadur
Prajapati, (2004) 10 SCC 65 (Para 11)

5. St. of Orissa Vs Mohd. Illiyas, (2006) 1 SCC
275 (Para 11)

6. P.S. Sathappan Vs Andhra Bank Ltd., (2004)
11 SCC 672 (Para 12)

Precedent distinguished:

1. Devendra Yadav & ors Vs St. of U.P. & ors.,
Application u/s 482 Cr.P.C. No. 11043 of 2023,
decided on 10.04.2023; 2023 SCC OnLine All.
164 (Para 5, 9)

2. Ramawatar Vs St. of M. P., 2021 SCC OnLine
SC 966 (Para 9, 10)

3.
B.
Venkateswaran
Vs
P.
Bakthavatchalamreported in 2023 SCC OnLine
SC 14 (Para 9, 10)

Present petition seeks quashing of the
charge-sheet
No.
01/2023
dated
16.03.2023 as well as the summoning
order dated 25.05.2023 and the order
dated 27.03.2024 passed by the learned
Special Judge SC/ST Act, Gonda.

(Delivered by Hon'ble Subhash Vidyarthi, J.)

1. Heard Sri Alok Srivastava-II, the
learned counsel for the applicant, Sri