Appeal Against Interlocutory Order Framing Charge Not Maintainable Under SC/ST Act: HP High Court

The Himachal Pradesh High Court held that an appeal against an order framing charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not maintainable, as the order is an interlocutory order and does not determine the final rights of the parties.

Justice Jiya Lal Bhardwaj observed that: “...the order framing of the charges is purely an interlocutory order as it does not terminate the proceedings but the trial goes on until it culminates in acquittal or conviction.”

Further the court clarified that section 14A of the SC & ST Act, permits appeals only against judgments or orders that are not interlocutory in nature.

However, the court remarked that the appellant can avail the remedy of revisional jurisdiction or inherent jurisdiction of this Court under the BNSS or other laws as permissible.

Background:

The appellant, Lagnesh Verma filed an appeal before the High Court challenging the order passed by the Sessions Division, Kinnaur whereby charges were framed against him under Sections 115(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(Va) of the SC/ST Act.

He contended that framing the charge can't be termed as an interlocutory order and, therefore, an appeal against framing of charge is maintainable under Section 14A of the SC/ST Act.

In response, the State contended that framing of charge neither terminates the proceedings nor decides the rights of the parties finally, and thus cannot be treated as an appealable order.

Case Name: Lagnesh Verma v/s State of H.P. & others

Case No.: Cr.M.P(M) No. 129 of 2026

Date of Decision: 06.02.2026

For the applicant/appellant: Mr.Tejaswi Verma, Advocate.

For the Respondents: Mr. Sidharth Jalta, Deputy Advocate General for respondents No.1 and 2.

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