Deena Nath Rai vs State Of U.P. And Another
2022 Latest Caselaw 14054 ALL

Citation : 2022 Latest Caselaw 14054 ALL
Judgement Date : 30 September, 2022

Allahabad High Court

Deena Nath Rai vs State Of U.P. And Another on 30 September, 2022

Bench: Om Prakash Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 
Case :- CRIMINAL APPEAL No. - 7148 of 2019
 
Appellant :- Deena Nath Rai
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Arvind Kumar Singh,Sanjeev Kumar Kushwaha
 
Counsel for Respondent :- G.A.,Himanshu Srivastava
 

 
Hon'ble Om Prakash Tripathi,J.

List revised. None appears on behalf of the opposite party no. 2

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

By means of the present criminal appeal under Section 14A-1, the appellants are assailing the legality and validity of the summoning order dated 17.10.2019 whereby Special Judge (SC/ST Act), Deoria in Special Session Trial No.121 of 2019, arising out of complaint case no. 119 of 2018, has summoned the appellant to face the prosecution under Sections 352, 504, 506 IPC and Section 3(1)(Da)(Dha) of SC/ST Act, P.S.- Kotwali, District- Deoria.

Learned counsel for the appellant submits 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. 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 under Section 15A(3)(5) of SC/ST Act be issued to opposite party no. 2 through Chief Judicial Magistrate concerned.

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.

Till further orders, effect and operation of order dated 17.10.2019 passed by Special Judge (SC/ST Act), Deoria Nagar 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 :- 30.9.2022

Monika