Allahabad High Court
Rampratap @ Ram Pratap Trivedi And 2 ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 5 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:72865
Court No. - 14
Case :- CRIMINAL APPEAL No. - 3443 of 2024
Appellant :- Rampratap @ Ram Pratap Trivedi And 2 Others
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others
Counsel for Appellant :- Avnish Kumar Tiwari
Counsel for Respondent :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Vakalatnama filed today by Sri Rajesh Kumar Verma, learned counsel on behalf of opposite party nos.2 and 3 is taken on record.
2. Heard Sri Avnish Kumar Tiwari, learned counsel for the appellants, Sri Rajesh Kumar Singh, learned A.G.A for the State and Sri Rajesh Kumar Verma, learned counsel for opposite party nos.2 and 3.
3. The instant criminal appeal under Sections 14(A) 1 of SC/ST Act for setting aside the impugned summoning order dated 30.09.2024 passed by learned Special Judge SC/ST (P.A.) Act, Hardoi as well as charge sheet dated 23.05.2024 in S.T. No.1151 of 2024, arising out of Crime No.116 of 2024, under Sections 504, 506 I.P.C. and 3(2)Dh SC/ST Act, Police Station Tadiyawan, District Hardoi.
4. Learned counsel for the appellants has submitted that appellants are innocent, who has been falsely implicated in this case due to some ulterior reason.
5. His further submission is that the content of the first information report does not disclose any ingredients, which are essential to constitute offence under Sections 504, 506 I.P.C. and 3(2)Dh SC/ST Act. He has also submitted that even during investigation, no credible evidence could be collected against the present accused/ appellants. Despite, this fact, a charge sheet came to be laid mechanically against the appellants.
6. Learned counsel for the appellants, on the basis of aforesaid submissions, has submitted that the impugned summoning order dated 30.09.2024 is perverse, which deserves to be quashed.
7. Per contra, learned A.G.A. for the State has vehemently submitted that the law of quashing has been fairly settled in the celebrated judgment rendered by the Hon'ble Supreme Court in State of Haryana vs. Bhajan Lal reported in 1992 Supp (1) SCC 335 and R.P. Kapur Vs. State of Punjab AIR 1960 SC 866.
8. His further submission is that in view of law laid down by the Hon'ble Supreme Court in Ramveer Upadhyay vs. State of U.P. reported in AIR 2022 SC 2044 and Rathish Babu Unnikrishnan vs. State (NCT of Delhi) reported in 2022 SCC OnLine SC 513, truthfulness or otherwise of the prosecution version or defence version cannot be looked into at this stage.
9. Thus, in view of aforesaid, learned A.G.A. has submitted that the present criminal appeal under Sections 14(A) 1 of SC/ST Act is devoid of merit and deserves to be dismissed.
10. Having heard the learned counsel for the appellants, learned A.G.A. for the State and upon perusal of record including the first information report, the charge sheet laid against the present appellants and summoning order dated 12.03.2024, this Court is of considered view that in view of law laid down by the Hon'ble Supreme Court in Bhajan Lal's case (supra), R.P. Kapur's case (supra), Ramveer Upadhyay's case (supra) and Rathish Babu Unnikrishnan's case (supra), the impugned summoning order dated 30.09.2024 does not suffer from any illegality and the same can not be said to be perverse. Thus, the instant criminal appeal is devoid of merit.
11. Accordingly, the prayer for setting aside the proceedings under challenge is refused.
12. However, the appellants shall have an opportunity at the appropriate stage to move an application for discharge before appropriate Court taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial Court, the learned trial Court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.
13. It is needless to mention that if the appellants apply for bail, the learned trial Court shall consider and decide the same expeditiously, in accordance with law laid down by the Hon'ble Supreme Court in Satender Kumar Antill vs. Central Bureau of Investigation and others : MANU/SC/1024/2021 and having regard to the fact that on the same day of incident appellant no.2 was also lodged a first information report against opposite party no.2.
14. Accordingly, the instant criminal appeal is finally disposed of.
(Ajai Kumar Srivastava-I, J.)
Order Date :- 5.11.2024
A.Dewal
