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Uttarakhand High Court
CRLR/897/2024 on 7 July, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
CRLR No.929 of 2024
With
CRLR No.897 of 2024
Hon'ble Pankaj Purohit, J.
Mr. Siddhartha Sah, Advocate for the revisionists.
2. Mr. S.C. Dumka, A.G.A. with Ms. S.B. Dobhal, B.H. for
the State.
3. Mr. Sandeep Kothari, Advocate for respondent no.2.
4. By means of the present criminal revision(s), the
revisionists have put to challenge the order dated
21.11.2024, passed by learned Special Judge, Udham Singh
Nagar, whereby charges have been framed against the
revisionists, under Sections 504 and 506 of IPC and under
Section 3(1)(r), 3(1)(s) of The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(Amendment Act, 2015).
5. It is feeling aggrieved by the aforesaid framing of
charges the revisionists are before this Court.
6. A preliminary objection has been made by learned
counsel for respondent no.2-informant that against every
order passed by learned Special Judge, in S.C.S.T. Act,
1989 under Section 14-A appeal is provided.
7. Heard learned counsel for the parties.
8. Section 14-A is quoted hereunder:-
“14-A. Appeals.-(1) Notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal
shall lie, from any judgment, sentence or order, not being an
interlocutory order, of a Special Court or an Exclusive Special
Court, to the High Court both on facts and on law.”
9. Having gone through the provision of Section 14-A of
S.C.S.T. Act, 1989, there is no manner of doubt in the mind of
2
this Court that the order(s) impugned in these criminal
revisions can only be challenged by preferring an appeal before
the Court to which the appeal against conviction would lie.
But at the same time, it has been provided under Section
401(5) that in appropriate case the Court can convert the
revision into an appeal by exercising power under Section
401(5) of Cr.P.C.
10. Section 401(5) of Cr.P.C. is quoted hereunder:-
“401(5) Where under this Code an appeal lies but an
application for revision has been made to the High court by
any person and the High Court is satisfied that such
application was made under the erroneous belief that no
appeal lies thereto and that it is necessary in the interests of
justice so to do, the High Court may treat the application for
revision as a petition of appeal and deal with the same
accordingly.”
11. After accepting the preliminary objection made by
counsel for respondent no.2 this Court in exercise of powers
under Section 401(5) of Cr.P.C. converts these criminal
revisions to criminal appeals.
10. Office is directed to do needful in light of the judgment
passed by this Court.
11. List these cases on 13.08.2025.
12. Interim order dated 12.12.2024 is extended, in both
these criminal revisions (now criminal appeal).
(Pankaj Purohit, J.)
07.07.2025
SK
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