Allahabad High Court
Ravikant vs State Of U.P. & Anr. on 22 March, 2021
Bench: Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 32
Case :- CRIMINAL APPEAL DEFECTIVE No. - 150 of 2021
Appellant :- Ravikant
Respondent :- State Of U.P. & Anr.
Counsel for Appellant :- Jalaj Kumar Gupta,Akhtar Husain
Counsel for Respondent :- G.A.
Hon'ble Mrs. Saroj Yadav,J.
Heard learned counsel for the appellant and learned A.G.A. for the State.
This criminal appeal has been filed under Section 14 (2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as SC/ST Act) against the summoning order dated 05.11.2019 passed by Special Judge SC/ST Act/Additional District and Sessions Judge-II, Lakhimpur Kheri in Complaint Case No. 73 of 2017 (Computerized No. 157/17) Subodh Kumar Vs. Ravikant under Section 323, 504, 506, Indian Penal Code (hereinafter referred as I.P.C.) and 3(1)(X) SC/ST Act, Police Station Haidrabad, District Kheri, whereby the appellant has been summoned for facing the trial.
The brief facts necessary for deciding this appeal are as under:-
The respondent No.2, Subodh Kumar filed an application under Section 156(3) Criminal Procedure Code (hereinafter referred as Cr.P.C.) stating that complainant belongs to scheduled caste. Appellant Ravikant borrowed Rs.45,000/- from him on 20.05.2015. When the complainant-respondent No.2 demanded his money back the appellant Ravikant did not return the money. On 18.12.2016 at 6:00 pm when complainant Subodh Kumar was coming back from the village Mohammadi near village Ganeshpur Ravikant and two other persons dragged him by pulling with hair and put down on the road. They abused him with filthy language using caste and snatched his purse. Thereafter they ran away giving threat to kill him. The Court below registered the application so moved as complaint case and recorded the statement of complainant Subodh Kumar under Section 200 Cr.P.C. and of witnesses Vikram Singh and Sandeep Kumar under section 202 Cr.P.C.. Thereafter the court after perusing the evidence and the averments made in the complaint came to the conclusion that there is sufficient ground to summon the accused Ravikant for trial under section 323,504,506 I.P.C. and 3(1)(d) of SC/ST Act.
Being aggrieved of this order the accused appellant filed this appeal.
Learned counsel for the accused/appellant argued that while passing the impugned order the learned trial court did not consider the fact that there is no medical evidence and no eye witness. Complainant has made false allegations against the appellant and the victim did not get medically examined himself. The witnesses, who have been examined were not mentioned in the complaint and suitable persons were examined as witnesses.
Learned A.G.A. submitted that there is no illegality or infirmity in the order passed by the trial court.
Learned counsel for the applellant has referred the judgment of the Hon'ble Apex Court in the Case of Govind Prasad Kejriwal Vs. State of Bihar and Anr. in Criminal Appeal No. 168 of 2020, vide order dated January 21, 2020. The reliance was made on paragraph quoted herein below:
"....However, even while conducting/holding an inquiry under Section 202 Cr.P.C., the Magistrate is required to consider whether even a prima facie case is made out or not and whether the criminal proceedings initiated are an abuse of process of law or the Court or not and/or whether the dispute is purely a civil nature or not and/or whether the dispute is tried to be given a colour of criminal dispute or not. As observed here in above, the dispute between the parties can be said to be purely a civil nature. Therefore, this is a fit case to quash and set-aside the impugned criminal proceedings."
Gone through the above case law. In the cited case law matter relates to partners of a firm. One case of theft was already pending. The brother of one partner moved this complaint. The bone of contention was the licence of cinema filming, surrendered by the accused persons causing financial loss to the other partner, brother of the complainant. Civil Suit was also filed in the matter.
In the present matter the complainant who belongs to scheduled caste was allegedly beaten and hurled upon filthy abuses using caste of the complainant. The motive for the crime has been disclosed that the complainant use to demand his money given as loan. The prima facie case has been disclosed. The facts so disclosed have been supported by the witnesses examined; prima facie. At the stage of summoning it is considered, whether prima facie case is made out or not, on the basis of facts disclosed and the evidence adduced. Hence the cited case law is of no help to the appellant.
In the present matter there is allegation of hurling filthy language using the caste of the complainant and also of beating and dragging the victim and the version has been supported by the witnesses. At the stage of summoning, only prima facie evidence is to be seen.
Learned trial court has passed the impugned order after considering the evidence. There is no infirmity or illegality in the impugned order.
The Criminal Appeal of the appellant/accused deserves to be dismissed.
Appeal is dismissed accordingly.
Order Date :- 22.3.2021
A.K. Singh
