Court No. - 50
Case :- CRIMINAL APPEAL No. - 7594 of 2018 Appellant :- Chhotey Lal Patel And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Mani Shanker Pandey Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to allow this appeal and quash the entire proceedings of complaint case no.248 of 2017 under Sections 323, 504, 506, 420, 467, 468, 471 IPC and 3 (1) (x) S.C./S.T. Act, Police Station Nawabganj, District Allahabad pending in the Court of Special Judge (S.C./S.T. Act), Allahabad as well as summoning order dated 25.9.2018 passed by the court concerned.
Heard learned counsel for the appellants as well as the learned AGA for the State and perused the entire record.
It is submitted by the learned counsel for the appellants that the summoning order passed in the matter is illegal. Trial Court did not apply judicial mind in passing the said order. In fact, complainant / opposite party no.2 is not the owner of the disputed property. Allegations levelled in the complaint are false. No prima facie case is made out against the appellant.
On the other hand, learned A.G.A. for the State argued that a prima facie case is made out against the appellants. The summoning order has been passed on the basis of allegations contained in the complaint and on the basis of statements of complainant and the witnesses recorded under sections 200 and 202 Cr.P.C. Therefore, impugned summoning order does not suffer from any illegality. Court below while passing the said order has analyzed the entire evidence. Hence, appeal is liable to be dismissed.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.
Having regard to the facts and circumstances of the case, hearing the parties and going through the observation recorded by the Court below in the impugned order, I am of the view that there is no illegality or infirmity in the summoning order dated 25.9.2018. The Court dealing with the matter, at this stage, has to see only a prima facie case and from the perusal of the entire record available on record it cannot be said that no prima facie case is made out.
Thus, appeal being devoid of merit is liable to be dismissed and is accordingly dismissed at this stage itself.
However, appellants are directed to surrender before the court below within a period of 45 days from today. For a period of 45 days from today, no coercive action shall be taken against the appellant.
It is made clear that no further time shall be allowed to the appellant to surrender before the Court below.
Order Date :- 21.12.2018
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