Court No. - 50
Case :- CRIMINAL APPEAL No. - 4031 of 2018 Appellant :- Mohan Kushwaha And 7 Ors.
Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Pradeep Kumar Rai,Shashi Dhar Goswami Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
This appeal has been filed under section 14-A(1) of S.C./S.T. Act against the orders dated 29.6.2018 passed by Additional Sessions Judge/Special Judge, S.C./S.T. Act, Ghazipur.
Heard Sri Pradeep Kumar Rai, learned counsel for the appellants, learned AGA for the State and perused the record.
Learned counsel for the appellant contends that the impugned order dated 29.6.2018 rejecting the discharge application of appellants is wrong on facts and law; that in F.I.R. no offence is alleged to have been committed against the respondent no.2 which is punishable with imprisonment for a period of 10 years, so no offence is made out against appellants under S.C./S.T. Act; that F.I.R. of a cross case of the incident at Case Crime No.434 of 2017 has been lodged by appellant no.6; that the matter relates to free fight between the parties which did take place suddenly; that the appellants are liable to be discharged from the offences under sections 3(2(va) S.C./S.T. Act and the application for discharge is liable to be allowed to that extent by setting aside the impugned order.
Per contra, learned AGA contends that the impugned order is totally in accordance with law; that it is not disputed in the four page discharge application of appellants at Annexure No.7 that the respondent no.2 and victims are persons of scheduled caste and it is also not disputed that the offence under sections 323, 325 IPC apart from other sections of IPC have been committed against them, which are under the sections mentioned in schedule of S.C./S.T. Act inserted by Act (1 of 2016) (w.e.f. 26.1.2016); that the Investigating Officer upon thorough investigation has submitted charge sheet against the appellants under sections 147, 148, 323, 325 IPC and 3(2)(va) S.C./S.T. Act and against four other accused-persons, who also belong to scheduled caste under sections 147, 148, 323, 325 IPC only, while submitted separate charge sheet against the juvenile accused- persons; that the argument advanced by the side of appellant, in Court below to the fact that an offence punishable with 10 years imprisonment is not alleged to have been committed, is wrong because committal of offence punishable with 10 years imprisonment is requirement for offence under section 3(2)(v) S.C./S.T. Act and not for offence under section 3(2)(va) S.C./S.T. Act; that frivolous application for discharge was moved by appellants, which has been rightly rejected; that the appeal has been filed to delay the disposal of trial and is liable to be dismissed.
Upon hearing parties counsel and perusal of record, I find that learned counsel for the appellants has failed to show any illegality, irregularity or incorrectness in the impugned order. The appeal is devoid of merits and is liable to be dismissed.
The appeal is dismissed, accordingly.
Order Date :- 30.7.2018 Tamang