Court No. - 77
Case :- CRIMINAL APPEAL No. - 3803 of 2021 Appellant :- Amresh Yadav And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Respondent :- G.A.
Hon'ble Rajendra Kumar-IV,J.
The present criminal appeal has been filed under Section 14A(1) of the Scheduled Caste and Scheduled Tribes (Prevention and Atrocities) Act by which accused-appellants seeks quashing the summoning order dated 07.04.2021 and entire proceeding of Session Case No. 392 of 2021, under Sections 323, 504, 506 I.P.C. and Section 3(2)(V-a), 3(1)(r)(s) S.C./S.T. Act, Police Station Sadar Bazar and District Shahjahanpur.
Main submission of learned counsel for the appellants is that the accused-appellants are innocent. He has committed no offence. He submits that charge sheet has already been submitted by the Investigating Officer without any proper evidence whereupon trial court passed the impugned cognizance order without proper application of mind. Learned counsel for the appellants has placed reliance upon the judgment in the case of Hitesh Verma vs. The State of Uttarakhand and another (2020) 0 SCC 653 wherein in para 23, the case of Ishwar Pratap Singh and others vs. State of Uttar Pradesh and another, (2018) 13 SCC 612 has been relied. In the cited case, matter was adjudicated on the application under Section 482 Cr.P.C., while in the present case, impugned order has been challenged in appeal under Section 14A(1) of the Scheduled Caste and Scheduled Tribes (Prevention and Atrocities) Act. Judgement cited by accused- appellants do not help them in any manner whatsoever.
Learned AGA opposed the appeal by submitting that in appeal under Section 14A(1) of the Scheduled Caste and Scheduled Tribes (Prevention and Atrocities) Act, no charge sheet can be challenged, only order of cognizable passed by trial court is challengable.
I, perused the impugned order. Learned counsel for the appellants could not show any illegality or irregularity in the order impugned. I myself do not find anything to hold that trial court passed it in the perverse manner.
The present criminal appeal has no legs to stand upon and is accordingly, dismissed.
Order Date :- 7.10.2021 Manoj