Court No. - 76
Case :- CRIMINAL APPEAL No. - 1574 of 2021
Appellant :- Kallu Yadav And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Jitendra Prasad Mishra
Counsel for Respondent :- G.A.,Lal Chandra Mishra
Hon'ble Ajai Tyagi,J.
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 set aside the judgment and order dated 30.03.2019 passed by Additional Session Judge-II/Special Judge SC/ST Act, Banda in Special Criminal Case No.25/2018, under Sections 427, 323, 504, 506 I.P.C. and Section 3(1)(10) of SC/ST Act, P.S. Bisanda, District Banda, pending in the court of Additional Session Judge/Special Judge SC/ST Act, Banda, whereby appellants have been summoned in the aforesaid sections.
Learned counsel for the appellants contended that no offence is made out against the appellant and he has been falsely implicated in the present case.
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. 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.
The prayer for quashing the proceeding is refused.
However, it is directed that in case the appellants appear and surrender before the court below within one month from today and applies 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-applicants 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 :- 29.7.2021 P.S.Parihar