Heard learned counsel for appellant and the learned A.G.A. for the State.
Present appeal has been preferred assailing the impugned order dated 17.09.2020, passed by the court of learned Special Judge (S.C./S.T. Act), Hardoi in Special Trial No. 1298 of 2020, State Vs. Aman & others, arising out of Crime No. 147 of 2018, relating to Police Station Mallawan, District Hardoi, whereby the learned trial court has summoned the appellant to face the trial for the offence punishable under Sections 147, 504, 506 I.P.C. and Section 3(2)(5A), 3(1)D of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Learned counsel for appellant has submitted that the Investigating Officer has not conducted fair and impartial investigation. Moreover, the complainant-Smt. Dallo, has filed an affidavit dated 04.12.2020 before the trial court for exonerating the accused persons. The Investigating Officer has not considered the defence version of appellant, Anuj Kumar @ Dablu.
Learned counsel for appellant has further submitted that no date of holding of Panchayt and its place has been disclosed by the complainant, even then the Investigating Officer has submitted charge sheet against the appellant and co-accused persons. The victim, in her statements recorded under Sections 161 and 164 Cr.P.C., has accepted this fact that she left her house on her own. The allegations made for the offence punishable under Sections 363, 366, 376 I.P.C. were found incorrect by the Investigating Officer. The charge sheet has been submitted only for the offence punishable under Sections 147, 504, 506 I.P.C. and Section 3(2)(5A), 3(1)D of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on the basis that complainant was abused and threatened for her life in so called Panchayat. In the aforesaid circumstances, the impugned summoning order dated 17.09.2020 is liable to be quashed.
Learned A.G.A. has opposed the appeal by submitting that the Investigating Officer has conducted fair and impartial investigation. The fact that he submitted charge sheet only for the offence punishable under Sections 147, 504, 506 I.P.C. and Section 3(2)(5A), 3(1)D of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act itself indicates and clarifies that the Investigating Officer has conducted fair and impartial investigation. The Investigating Officer has also considered the statements of victim recorded under Sections 161 and 164 Cr.P.C. The defence version should have been provided by the accused persons to the Investigating Officer, therefore, the impugned summoning order is not liable to be quashed.
I have heard the rival submissions of learned counsels for the parties.
The Investigating Officer has exonerated the accused persons for the offence punishable under Sections 363, 366, 376 I.P.C. and submitted the charge sheet for the offence punishable under Sections 147, 504, 506 I.P.C. and Section 3(2)(5A), 3(1)D of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act only. The Investigating Officer, after thorough investigation, has submitted charge sheet. The defence version of the accused persons cannot be considered at the primary stage.
As far as it has been argued on behalf of appellant that the complainant has filed an affidavit before the trial court, the learned trial court may consider the appropriate compromise application if moved before the trial court.
In the aforesaid circumstances, the impugned summoning order dated 17.09.2020 is not liable to be quashed.
The appeal devoid merits and is liable to be dismissed.
Dismissed accordingly.
Learned counsel for the appellant has further submitted that some time may be granted to the appellant to surrender before the trial court.
Considering the above submission made on behalf of appellant it is provided that if appellant appears and surrenders before the trial court within 15 days from today and applies for bail in the above mentioned case, the trial court shall decide the bail application of appellant expeditiously, according to the exposition of law propounded by this Court and Hon'ble Supreme Court.
During the aforesaid period of 15 days, no coercive action shall be taken against the appellant.
It is made clear that aforesaid period of 15 days shall not be extended in any circumstance.
Order Date :- 19.1.2021 Mustaqeem