Sushil Kumar And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 12837 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- CRIMINAL APPEAL No. - 6393 of 2022
 

 
Appellant :- Sushil Kumar And 3 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Anil Kumar Bind
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the appellants and learned AGA for the State-respondents.

Learned counsel for the appellants is permitted to carry out necessary correction in the prayer of appeal during the course of day.

By means of the present criminal appeal under Section 14A-1, the appellant is assailing the legality and validity of the order dated 1.9.2022 whereby Exclusive Special Judge, SC/ST Act, Basti while entertaining the complaint case no.29 of 2019 66 of 2019, have summoned the appellants to face the prosecution under Sections 323, 504, 506 IPC, under Section 3(1)da & 3(1)dha of SC/ST Act, P.S. Merapur, District Farrukhabad.

Learned counsel for the appellants submit that as per the provision of judgment of this Court in the case of Soni Devi Vs. State of U.P. in Application U/S 482 No.12864 of 2021 whereby, it is urged that only the FIR to be lodged for the offences related with SC/ST Act, and so of complaint case is bad in the eye of law.

Per contra, learned A.G.A. has cited yet another judgment of Naresh Kumar Valmiki Vs. State of U.P. and ors. decided on 07.04.2022 in Application U/S 482 No.14443 of 2022 whereby the co-ordinate Bench of this Court has taken another view which touches the core issue of the present controversy.

Matter has been referred to larger Bench for consideration of the issue.

Let notice be issued to opposite party no.2 through the Chief Judicial Magistrate, Farrukhabad.

Connect the present case with Application U/S 482 No.14443 of 2022 titled as Naresh Kumar Valmiki Vs. State of U.P. and ors., and the fate and future of the case shall be co-extensive of the decision of the aforesaid legal issue.

Since the appellants were convicted under SC/ST Act, thus keeping in view the mandatory provision of Section 15A(3) & (5) of SC/ST Act, objection/ reply are required from the opposite party.

Without touching the merit of the case, where the maintainability of complaint case under SC/ST Act is for the consideration by the larger Bench then in the fitness of the circumstances, till further orders, effect and operation of order dated 22.07.2022 shall remain stayed and the fate and future of this appeal shall be dependent upon the ultimate result of the larger bench on the issue of maintainability of complaint case attracting provisions of SC/ST Act.

Order Date :- 13.9.2022

Junaid