Court No. - 86
Case :- MATTERS UNDER ARTICLE 227 No. - 2220 of 2021 Petitioner :- Manoj Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Prakash Chandra Pandey Counsel for Respondent :- G.A.
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the petitioner as well as learned AGA and have gone through the material available on record carefully The instant petition has been filed for quashing the orders dated 8.3.2021, 19.11.2019 and 16.12.2019 passed by learned Special Judge (S.C./S.T. Act) Jalaun at Orai, in Case No. 0032 of 2019 (State of U.P. Vs. Manoj Singh) under Section 323, 325, 504 IPC and Section 3(1) (r)(s) of S.C./S.T. (P.A.) Act, Police Station- Madhogarh, District- Jalaun. Further prayer to quash the further proceedings of the aforesaid case has also been made.
Learned counsel for the petitioner submits that from the allegations made in the F.I.R. as well as from the statements of the witnesses, offence of S.C./S.T. is not made out against the petitioner thus the impugned order of summoning is illegal.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the petitioner. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court.
The impugned order reflects application of judicial mind. No interference is required by this Court. Moreover, the applicant has got a right of discharge 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 learned counsel for the petitioner has admitted that the petitioner has moved discharge application in the case on 8.2.2021 and has come with the prayer for direction to the Trial Court to decide the same as expeditiously as possible.
Needless to note that the Trial Court is expected to decide the discharge application expeditiously in accordance with law after considering entire aspect of the matter.
It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.
With the above observation, this petition stands disposed of accordingly.
Order Date :- 17.9.2021 S.Verma