Allahabad High Court
Lal Mani Yadav And 5 Others vs State Of U.P. Thru. Addl. Secy. ... on 11 April, 2022
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 758 of 2022
Appellant :- Lal Mani Yadav And 5 Others
Respondent :- State Of U.P. Thru. Addl. Secy. Home, Lucknow And Another
Counsel for Appellant :- Mahendra Pratap Singh,Manish Singh Chauhan
Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the appellants as well as learned A.G.A. for the State and perused the record.
The present appeal under Section 14(A)(A)(1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has been filed against the impugned charge sheet dated 05.09.2020 filed in F.I.R No.0325 of 2020, under Sections 147, 323, 336, 504, 506, 308 I.P.C. and Sections 3 (2) (v-a) of SC/St (Prevention) Act, 1989, Police Station Maharajganj, District Ayodhya as well as summoning order dated 10.11.2020 passed by Special Judge, SC/ST Act, Faizabad whereby the appellants have been summoned, without applying his judicial mind, that the respondent No.2 does not belong to Scheduled Caste as such the provisions of SC/ST Act will not be applicable upon the appellants.
Learned counsel for the appellants has submitted that the private respondent belongs to the Majhi Caste and on the basis of his written complaint, the F.I.R. No.325 of 220, under Sections 147, 323, 336, 504, 506, 308 I.P.C. and Section 3(2)(va) of SC/ST Act, Police Station Maharajganj, District Ayodhya was lodged on 25.07.2020 and the charge sheet was filed under Sections 147, 323, 336, 504, 506, 308 I.P.C. and Sections 3 (2) (v-a) of SC/ST (Prevention) Act, 1989 treating the private respondent as a person belonging to the Scheduled Caste community.
Learned counsel for the appellants also drew attention of the Court on the Government Order dated 14.10.2019 (annexed as annexure No.2 with the appeal) which reveals that Majhi Caste was declared as Scheduled Caste vide Government notification dated 22.12.2016, but the aforesaid Government Order was set aside by the writ court in P.I.L. No. 2129 of 2017 and thereafter, by way of present Government Order dated 14.10.2019, Government Order dated 22.12.2016 was kept in abeyance, therefore, the Investigating Officer has committed wrong in filing the charge sheet under the provision of SC/ST Act and the court below has also taken cognizance. Therefore, the kind indulgence of this Court is necessary.
Learned A.G.A. has opposed the prayer of the appellants, but he does not dispute this fact that the Government Order dated 22.12.2016 by which the Majhi Caste was brought into the category of Scheduled Caste community was kept in abeyance by way of Government Order dated 14.10.2019 in pursuance of the judgment passed by this Court in P.I.L. No.2129 of 2017.
Considering the arguments of learned counsel for the appellants as well as learned A.G.A. and going through the contents of the Government Orders dated 22.12.2016 as well as 14.10.2019, it is evident that Majhi Caste was brought into the category of Scheduled Caste community by way of Government Order dated 22.12.2016 and later on, Division Bench of this Court passed interim protection on the ground that Majhi caste was brought into category of Scheduled Caste community without any Presidential Notification, therefore, the appeal is hereby disposed off with a direction to the appellant to file a detail objection by way of moving an application under Section 156(3) Cr.P.C. read with Section 173(8) Cr.P.C. before the court below, within two weeks from today. In case any such application is moved, the same shall be decided strictly in accordance with law laid down by the Hon'ble Supreme Court in the cases of T.C. Thangaraj Vs. V. Engammal and others reported in 2011 (12) SCC 328, Sudhir Bhaskar Rao Tambe Vs. Hemand Yashwant Dhage and others reported in 2016 (6) SCC 277 and Vinubhai Haribhai Malviya & others Vs. State of Gujarat and another reported in 2019 (17) SCC 1.
Till the disposal of the application moved by the appellant, proceedings in pursuance to the impugned charge sheet shall be kept in abeyance.
With the aforesaid direction, the present appeal is finally disposed off.
Order Date :- 11.4.2022
S. Shivhare
