Allahabad High Court
Smt. Usha Kumari And Another vs State Of U.P. And Another on 12 May, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:108180
Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4712 of 2023
Applicant :- Smt. Usha Kumari And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Praveen Kumar Pal
Counsel for Opposite Party :- G.A.,Bharat Garg
Hon'ble Nalin Kumar Srivastava,J.
Criminal Misc. Exemption Application No.1 of 2023 is allowed.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Smt. Usha Kumari and Awanish Kumari in Complaint Case No.37 of 2018 (Nitin Vs. Awanish & others) under Sections 323, 504, 506 IPC and Sections 3 (1) (r), 3 (1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Police Station Civil Lines, District Moradabad.
A preliminary objection has been raised by the learned A.G.A. and learned counsel for the informant that since this anticipatory bail application has been moved for the offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, as such, it is not maintainable. They have also relied upon the Section 18 of the aforesaid Act.
Learned counsel for the applicants has submitted that no offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act is made out from the perusal of the record and he has relied upon the judgment of the Hon'ble Supreme Court in Prathvi Raj Chauhan vs. Union of India & Others, AIR 2020 Supreme Court 1036,
Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the informant and perused the material available on record.
It appears from the perusal of the record that summoning order has been passed by the Court of Special Judge, S.C./S.T. (POA), Act, Moradabad on 31.01.2020 wherein on the basis of statement under Section 200 and 202 Cr.P.C. and also taking into account of documentary evidence available on record, the said Court held that prima facie a case under Sections 323, 504, 506 IPC and Sections 3 (1) (r), 3 (1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act is made out and on the basis of aforesaid observation, the accused applicants have been summoned under the aforesaid Sections. At this stage, nothing is available on record to contradict the observation made by the Court of Special Judge, S.C./S.T. (POA), Act, Moradabad. Hence, prima facie a case under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act is made out.
In these circumstances, the accused applicants get no help from the judgment of the Hon'ble Supreme Court in Prathvi Raj Chauhan (supra) case and in view of Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the present anticipatory bail application is not maintainable. Hence, there is no need to proceed further in the matter.
The anticipatory bail application stands disposed of accordingly.
It is made clear that the observation made in this order shall in no way affect any view taken by the court concerned or any other authority and it is meant only for the disposal of the present anticipatory bail application on the point of maintainability.
Order Date :- 12.5.2023
ss
