Court No. - 14
Case :- CRIMINAL APPEAL No. - 6830 of 2018 Appellant :- Bobby @ Anuj Gupta (Minor) And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- B.N.Singh,Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri B.N. Singh, learned counsel for the appellant and learned AGA Sri Virendra Kumar Maurya.
This appeal has been preferred against the order dated 6.9.2018 passed by IInd Additional Sessions Judge / Special Judge (SC/ST Act) Jalaun at Orai in ST No. 19 of 2015, State Vs. KIshun KUmar @ Sappu under section 323/504 IPC and 3(1) (X) of SC/ST Act, police station Kalpi, districgt Jalaun summoning the appellants under section 323/504 IPC and 3(1) (X) of SC/ST Act by which appellants Shishu, Bobby and Smt. Asha are summoned as accused under section 319 Cr.P.C. while the charge sheet was submitted by I.O. only against accused Kishun Kumar alias Sappu. .
Learned counsel for the appellant submitted that there is only one injury of contusion and three injuries of the complainant of pain and four persons have been falsely implicated in this case. Accused appellant Bobby was minor on the date of alleged occurrence. However, the learned AGA has submitted that all the four accused persons are named in the FIR and the charge sheet was submitted only against one accused Kishun Kumar and the PW-1 Bhoori Devi, PW-2 Babbu Raja and PW-3 Chhangey @ Ibrahim have supported the version of the prosecution.
In such circumstances, I direct the the IInd Additional Sessions Judge / Special Judge (SC/ST Act) Jalaun at Orai to hold an inquiry regarding juvenality of Bobby @ Anuj Gupta within one month and if he is found minor then do the needful as per law. Special Judge SC/ST Act is also directed to decide the bail application of the appellants no. 1, 2 and 3 abovenamed expeditiously following the law laiddown in the Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this appeal is finally disposed off.
Order Date :- 27.11.2018/SKS