Court No. - 71
Case :- CRIMINAL APPEAL No. - 7464 of 2018
Appellant :- Lokesh And 2 Ors. Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Saurabh Yadav Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant 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 challenging the summoning order dated 28.01.2019 passed by Second Additional Sessions Judge/Special Judge SC/ST Act, Banda in Special Criminal case No.142/2018, Smt. Bandana Devi Vs. Dinesh Tiwari and 8 others, arising out of application under Section 156(3) Cr.P.C. and prosecuted under Sections 452, 323, 504, 506 I.P.C. as well as 3(1)10 SC/ST Act, P.S. Chilla, District 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 applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated. 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 applicant has 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 as well as order dated 02.06.2017 is refused.
However, it is directed that in case the appellant-applicants appear and surrender before the court below within four weeks 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-applicants. 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 :- 30.4.2019
M. ARIF