Dharm Singh And Another vs State Of U.P. And Another
2021 Latest Caselaw 4707 ALL

Citation : 2021 Latest Caselaw 4707 ALL
Judgement Date : 25 March, 2021

Allahabad High Court

Dharm Singh And Another vs State Of U.P. And Another on 25 March, 2021

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 3715 of 2021
 

 
Applicant :- Dharm Singh And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shubham
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Supplementary affidavit filed today is taken on record.

Heard counsel for the applicants, learned AGA and perused the record.

Counsel for the applicant argues that from a plain reading of the FIR as well as evidences referred to in the chargehseet, no case can be said to be made out under Section 3 (1) r and under Section 3 (2) (va) of the SC/ST Act. He places reliance on the judgment of the Supreme Court in the case of Hitesh Verma Vs. State of Uttrakhand and another, AIR 2020 SC 5584 as well as Khuman Singh Vs. State of Madhya Pradesh, AIR 2019 SC 4030.

I have perused the FIR as well as statements filed today along with supplementary affidavit.

There is no averment to the effect that any caste related words were uttered against the informant or there was any utterance of specific caste names in public view. On the contrary, submissions are that the incident took place at the home of informant. Further more, there is nothing on record even to suggest that such incident occurred or caused by applicant knowing that the Opposite Party No. 2 was of a particular caste and therefore, the said incident had taken place.

In view of the above and also in the light of the judgments passed in the case of Hitesh Verma (supra) as well as Khuman Singh (supra), the summoning order of the applicants under Sections 3 (1) r and 3 (2) (va) is set aside. The applicants shall now face trial for the offences under Sections 323, 504, 506 and 427 of the IPC only.

The application is disposed off relying on the same and in terms recorded above.

The submission of the counsel for the applicants with regard to other offences under Sections 323, 504, 506 and 427 of the IPC, no case is made out for quashing. His request for appearance for discharge, which is specific, is rejected.

Order Date :- 25.3.2021

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