Allahabad High Court
Brijesh Narain Dubey vs State Of U.P. And 2 Others on 13 April, 2023
Bench: Jyotsna Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 93
Case :- CRIMINAL APPEAL No. - 9981 of 2022
Appellant :- Brijesh Narain Dubey
Respondent :- State Of U.P. And 2 Others
Counsel for Appellant :- Ram Prakash Dwivedi,Pranshu Dwivedi
Counsel for Respondent :- G.A.,Ashish Goyal
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard Sri Ram Prakash Dwivedi, learned counsel for the appellant, Sri Ashish Goyal, learned counsel for opposite party no. 2 and learned AGA for the State assisted by Sri Vinay Kumar Singh, Brief-holder.
2. This criminal appeal has been filed on behalf of the appellant challenging the impugned order dated 23.08.2022 passed by learned Special Judge (SC/ST Act), Agra in Special Session Trial No. 87/2002 arising out of Crime no. 229 of 2001, by which the appellant has been charged for the offences under Sections 323, 504, 506 IPC and Section 3(1)10 of the S.C./S.T. Act, Police Station-Jagdishpura, District Agra.
3. The facts relevant for disposal of this appeal are as below:-
An FIR case crime no. 229 of 2001 under Sections 323, 504, 506 IPC and Section 3(1)10 of the S.C./S.T. Act has been filed against 4 persons including the present appellant alleging in nutshell that the present appellant Brijesh Narain Dubey wanted to illegally occupy the premises of cold storage, by adopting different tactics; he sent some goonda elements; the police arrested some persons under Section 151 Cr.P.C.; Subsequently, at about 13.30 hours on 13.06.2001 Bhupendra Pathak alongwith his companions arrived at the first informant's house and resorted to abusive language and went away; sometime thereafter when the first informant's son Gajendra @ Banti was going to police for lodging a report, once again accused persons Bhupendra Pathak, Babli Sharma, Agrawal and 8 to 9 unknown persons arrived on two wheeler carrying firearm, hockey and knives and physically assaulted him; On his raising alarm a number of persons rushed and saved his son; Admittedly in this case after investigation the investigating officer filed a chargesheet against only one accused Bhupendra Pathak and none other; The appellant has been summoned under Section 319 Cr.P.C vide order dated 21.04.2006 and further proceedings of the case remained stayed; Admittedly the proceedings against the present appellant revived on the basis of the directions of the Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation, 2018 (16) SCC 299, the appellant and one more Sanjay Agarwal are now stand charged for offence under Sections 323, 504, 506 IPC and Section 3(1)10 of the S.C./S.T. Act.
4. The contention of the appellant is that the trial court did not apply its judicial mind before framing of the charges; even if all the material on record is perused and assessed, there is nothing to suggest that it was the appellant who participated in the instant incident; hence no offence under Sections 323, 504, 506 IPC and Section 3(1)10 of the S.C./S.T. Act is made out against him.
5. I went through the material on record as well as statement of PW1-Saudan Singh. PW1 has stated on oath that when his son came to his house, the appellant and several others started banging on his door and used caste driven abusive words; sometime thereafter they came again armed with weapons and physically assaulted his son causing him injuries.
6. At this stage, the evidence need not be assessed in the same manner as is assessed at the time of final disposal of the case or say at the time of pronouncement of the judgment; the trial court has to find out whether any prima facie offence is made against the accused persons or not; the submissions of the appellant in my view may be of some value when this criminal case is decided finally but as far as the framing of charge is concerned, the trial court cannot be faulted as the witness PW1 has clearly named him as having physically assaulted his son and using caste driven abusive language.
7. Accordingly, the present criminal appeal is dismissed.
Order Date :- 13.4.2023
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