Shashi Kant Pandey And Another vs State Of U.P. And Another
2021 Latest Caselaw 4770 ALL

Citation : 2021 Latest Caselaw 4770 ALL
Judgement Date : 26 March, 2021

Allahabad High Court

Shashi Kant Pandey And Another vs State Of U.P. And Another on 26 March, 2021

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 5875 of 2021
 

 
Applicant :- Shashi Kant Pandey And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Yadvendra Pratap Singh,Ved Prakash Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard Shri Y.P. Singh, counsel for the applicants, Shri Manoj Kumar, counsel for the opposite party no. 2 and learned A.G.A. for the State.

The present application has been filed seeking quashing of the criminal proceeding of Sessions Trial No. 337 of 2018, pursuant to the impugned charge-sheet dated 26.6.2018 arising out of Case Crime No. 203 of 2018, under Sections 323, 504, 506 IPC and Section 3(1) Da, 3(1) Dha of SC/ST Act, P.S. Karchana, District Allahabad, pending in the Court of Special Judge, SC/ST Act, District Allahabad.

Counsel for the applicants argues that from the plain reading of the FIR in question as well as the charge-sheet and the statements relied upon in the charge-sheet, no case can be said to be made out under Section 3(1) (r)(s) of SC/ST Act. He has placed reliance on the judgment in the case of Hitesh Verma Vs. State of Uttrakhand and another; AIR 2020 SC 5584.

I have perused the FIR as well as the statements, which are on record, in none of the statements or in the FIR, there is any averment, so as to attract the rigour of Section 3(1) (r)(s) of SC/ST Act, moreso in view of the judgment of the Supreme Court in the case of Hitesh Verma (Supra).

Considering the other materials on record, prima facie case under Sections 323, 504, 506 IPC is made out.

After hearing the counsel for the parties, I am of the firm view that inasmuch as there is no material to try the applicants under Section 3(1) (r) (s) of SC/ST Act, the summoning order in so far as it summons the applicants for trial under Section 3(1) (r) (s) of SC/ST Act is set aside. The applicant shall be tried for the offences under Sections 323, 504, 506 IPC before the appropriate Court, in accordance with law.

The application is disposed off with the said direction.

Order Date :- 26.3.2021

S. Rahman