Court No. - 71
Case :- CRIMINAL APPEAL DEFECTIVE No. - 618 of 2019
Appellant :- Kallu Prasad Awasthi And Anr.
Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Kuldeep Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Order on Crl.Misc. Delay Condonation Application No.01 of 2019
Heard.
Cause shown is sufficient. The delay in filing the appeal is condoned. The application is allowed.
Order on Appeal
Heard learned counsel for the appellants and the learned A.G.A.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed to quash the cognizance order dated 19.04.2018 in charge-sheet dated 16.02.2018 Special Trial No.78 of 2018 State Vs. Kallu Prasad Awasthi and others in Case Crime No.0012 of 2018, under Sections 442 of I.P.C. and Section 3(1)f, 3(2)(Va) SC/ST (P.A.) Act, P.S. Girawa, District Banda, pending in the court of Special Judge SC/ST Act, Banda, whereby appellants have been summoned in the aforesaid sections.
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 submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 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 appellants have got right of discharge under Sections 239, 245 or 227 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.
At this stage, this Court is not in a position to weight the factual matrix of the case properly and accused has a right against summoning order to file a discharge application before the trial court raising all the grounds/grievances which have been taken in this application or which may have been taken.
The prayer for quashing the proceeding as well as order dated 19.04.2018 is refused.
However, it is directed that in case the appellants appear and surrender before the court below within four weeks from today and apply for bail, their prayer for bail shall be considered and decided expeditiously in the light of the law laid by this Court in the case of 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. in accordance with law after hearing the public prosecutor.
For a period of four weeks from today, no coercive action shall be taken against the appellants. However, in case, the appellants does not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this appeal stands disposed of.
Order Date :- 30.4.2019 R./