Dharma Devi v. Sandeep Kumar - S.14A SC-ST Act - S.319 CrPC Order
The order summoning as an accused by allowing the application under Section 319 is an interlocutory order.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 14A ; Code of Criminal Procedure 1973 - Section 319 - The order summoning as an accused by allowing the application under Section 319 is an interlocutory order. Therefore, the appeal filed under Section 14-A is not maintainable. (Para 6)
Case Info
Basic Case Details
Case name: Dharma Devi v. Sandeep Kumar & Ors.
Neutral citation: Not mentioned in the text of the order provided. (Only “CRIMINAL APPEAL NO. ___ OF 2026 (Arising out of SLP (Crl.) No. 6657 of 2025)” appears; no SCC/SLP neutral citation is given.)
Coram:Hon’ble Mr. Justice J.K. MaheshwariHon’ble Mr. Justice Atul S. Chandurkar
Judgment/order date: 20 April 2026 (noted at the end: “New Delhi; April 20, 2026.” and in the Record of Proceedings).
Caselaws and Citations
No prior case laws or reported citations are referred to or quoted in this short order. It is purely based on interpretation of Section 14-A of the SC/ST (Prevention of Atrocities) Act and the nature of an order under Section 319 CrPC, without citing precedents in the text provided.
Statutes / Laws Referred
The order and record explicitly refer to:
- Indian Penal Code, 1860 – Sections 147, 148, 452, 323, 504, 506, and 354-Kha (local/UP style numbering for 354 clause).
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – especially Section 3(2)(v)-ka (3(2)(5)ka as printed) and Section 14-A (appeal provision).
- Code of Criminal Procedure, 1973 – Section 319 (power to proceed against other persons appearing to be guilty).
- Limitation Act, 1963 – Section 14 (exclusion of time spent in proceedings bona fide in wrong forum).
Three-Sentence Brief Summary
The trial court had allowed an application under Section 319 CrPC to summon the respondents as additional accused in an SC/ST Act case, which the Allahabad High Court set aside in an appeal purportedly under Section 14-A of the SC/ST (Prevention of Atrocities) Act. The Supreme Court held that an order summoning an accused under Section 319 CrPC is an interlocutory order, and therefore an appeal under Section 14-A does not lie against it, rendering the High Court’s exercise of appellate jurisdiction without authority. On this ground alone, the Supreme Court set aside the High Court’s order, clarified that the respondents may still avail appropriate remedies (such as revision or a petition under Section 482 CrPC) with benefit of limitation under Section 14 of the Limitation Act, and directed that the High Court decide any such proceedings afresh, uninfluenced by its earlier (now set aside) observations.