Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record.
This appeal has been preferred under Section 14 (A) (1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the summoning order dated 15.05.2019, passed by learned Additional Sessions Judge-II SC/ST Act Lakhimpur Kheri, in Case No. 27/2019, under Sections 323, 504, 506 & 354K I.P.C. and Sections 3 (1)Ba (1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Gola, District Kheri.
Learned counsel for appellants submits that the appellants are innocent and he has committed no offence and has been falsely implicated in the present case purposely for the humiliation and harassment. It is further submitted that the application under Section 156 (3) Cr.P.C. moved by the complainant-respondent No. 2 on 7.5.2018 and police report was sought and the police submitted its report stating that no incident is found to have been taken place and it is also submitted that after lodging the N.C.R. No. 51/2018 by appellant-Hardwari Lal against the brother of the complainant Chhotelal under Sections 323 and 427 I.P.C., and in that N.C.R. the proceeding against the brother of the complainant was initiated under Section 151 117 and 116 Cr.P.C. and due to counterblast and retaliation the application under Section 156 (3) Cr.P.C. moved by the respondent No. 2 only on the basis of false and frivolous ground and learned Special Court treated the application under Section 156 (3) Cr.P.C. as a complaint case and its registered as a complaint Case No. 27/2019 during proceeding statement of complainant was recorded under Section 200 Cr.P.C. and the statement of witnesses recorded under Section 202 Cr.P.C. and on the basis of statement under Sections 200 and 202 Cr.P.C., learned trial court passed the summoning order without appreciation of evidence and without application of judicial mind. It is further submitted that entire prosecution is false and fake and it is just for harassment and humiliating the appellants. It is further submitted that there no motive of present application to commit the present crime and it is also submitted that on account of retaliation counterblast complaint case lodged by the complainant and the entire prosecution against the appellants are mala fide and malicious and no prima facie case is made out and lastly he submitted that if the prayer made by the appellants is not allowed the order for consideration of discharge through counsel may be accepted.
Per contra learned AGA vehemently opposed the application and submitted that the police report in favour of accused-appellants is no bar to learned trial court to register the application under Section 156 (3) Cr.P.C. as a complaint case. Learned trial court rightly registered the application under Section 156 (3) Cr.P.C., as a complaint case and recorded the statement of complainant as well as other witnesses under Sections 200 and 202 Cr.P.C., witnesses supported the prosecution case and the trial court found sufficient grounds for proceedings and pass the summoning order to face the trial in the aforesaid Sections. It is further submitted that entire submissions made by learned counsel for appellants is on fact of the case and which cannot be adjudicated at this stage of this Court exercising power of appeal truthfulness of allegations and statement of witnesses can be adjudicated only the evidence is produced in the trial court.
Having heard learned counsel for the parties, I have perused the entire record. After looking the complaint allegations made therein and statements under Sections 200 & 202 Cr.P.C. which is so that respondent No. 2 incorporate ingredients necessary i.e. caste abusive word for prosecuting the accused-appellants for the offence alleged. The question whether the complainant will be able to prove the allegations in a manner known to law would arise only at later stage. It cannot be said that prima facie case is not made out against the appellants.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the appellants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 14-A (1) of the SC/ST Act. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the cognizance order as well as summoning order hereby refused.
Having considered the rival submissions made by learned Counsel for parties and keeping in view the facts and legal proposition discussed hereinabove, I do not find any good ground warranting interference in the matter. It is not a case of grave injustice.
However, it is provided that if the appellants appear and surrender before the court below within 21 days from today and apply for bail, then the bail application of the appellants be considered and decided expeditiously in view of the settled law laid by Hon'ble Supreme Court. For a period of 21 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the appellants. However, in case, the appellants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this appeal under Section 14-A (1) of the SC/ST Act is dismissed.
Order Date :- 12.8.2021 Md Faisal