SC/ST Act | Cognizance, Charge-Framing Orders Are Appealable U/S 14A, Can't Be Challenged Directly U/S 482 CrPC: Rajasthan HC
The Rajasthan High Court dismissed a petition challenging order of cognizance and framing charges under the SC/ST Act, 1989 (“the Act”) opining that these orders were appealable under Section 14A of the Act. The bench of Justice Anoop Kumar Dhand held that the order of taking cognizance and order of framing charges were not interlocutory in nature, and as per Section 14A of the Act, an...
The Rajasthan High Court dismissed a petition challenging order of cognizance and framing charges under the SC/ST Act, 1989 (“the Act”) opining that these orders were appealable under Section 14A of the Act.
The bench of Justice Anoop Kumar Dhand held that the order of taking cognizance and order of framing charges were not interlocutory in nature, and as per Section 14A of the Act, an appeal lied against any judgment, sentence, or order not being interlocutory.
The Court observed that since the statute provided for filing an appeal, a person could not be allowed to bypass the jurisdiction of the appellate authority by filing a petition under Section 482, CrPC.
For context, the special SC/ST judge had taken cognizance and framed charges against the petitioner under Section 498A, IPC, as well as the provisions of the Act. These orders were challenged before the Court.
The complainant raised a preliminary objection, and submitted that since an appeal was maintainable under Section 14A of the Act against these orders, the present petition had to be dismissed.
The argument was accepted by the Court, which referred to the Supreme Court case of Dr. Anand Rai V State of Madhya Pradesh and Anr. to hold that the order of framing of charges was not interlocutory order. Hence, appeal under Section 14-A was maintainable.
“This fact is not in dispute that the order of taking cognizance of offence and order of framing of charge are not interlocutory order and these orders are final in nature. Hence, appeal under Section 14A of the Act of 1989 is maintainable against the same…if a statute provides for filing an appeal, then a person cannot be allowed to bypass the jurisdiction of the appellate authority by way of filing a miscellaneous petition under Section 482 Cr.P.C.”
Accordingly, the petition was disposed of with liberty to the petitioner to file statutory appeal under Section 14A of the Act.
Title: Sandeep Kumar Arora v State of Rajasthan & Anr.
Citation: 2026 LiveLaw (Raj) 235