Court No. - 50
Case :- CRIMINAL APPEAL No. - 4811 of 2018 Appellant :- Mukesh Kumar Kushwaha (Kachhi) Respondent :- State Of U.P. And Another Counsel for Appellant :- Vijay Singh Sengar Counsel for Respondent :- G.A.,Dhirendra Singh Rajput
Hon'ble Harsh Kumar,J.
The appeal has been filed under section 14-A(1) of S.C./S.T. Act against the order dated 6.7.2018 passed by Special Judge (S.C./S.T. Act), Jalaun at Orai in Complaint Case No.68 of 2017, (Jagdish Prasad Verma Vs. Mukesh Kumar Kushwaha), under sections 323, 504, 506 IPC and 3(1)X S.C./S.T. Act, P.S. Kotwali Orai, District Jalaun.
Heard Sri Vijay Singh Sengar, learned counsel for the appellant, Sri Dhirendra Singh Rajput, learned counsel for the respondent no.2, learned AGA for the State and perused the record.
Learned counsel for the appellant contends that appellant has been falsely implicated; that the respondent no.2 filed a false complaint against the appellant for the incident dated 25.5.2016, in which appellant allegedly abused him with caste name and also committed marpeet with him causing injuries; that as per averments made in complaint, the respondent no.2 visited the fair price shop of mother of appellant on 25.5.2016 at 12:00 in noon and demanded back a sum of Rs.2,50,000/- from her, which was earlier given by him to mother of appellant, upon which the appellant who was present there abused him with caste name and committed marpeet; that in the complaint, cognizance was also required to be taken under section 406 IPC, but learned Magistrate in view of the statements of complainant and his witnesses and material on record found no sufficient evidence in respect of offence under section 406 IPC for misappropriation of Rs.2,50,000/-; that it is wrong to say that mother of appellant ever borrowed a sum of Rs.2,50,000/- from respondent no.2 and the entire prosecution story is false and incorrect; that no offence under section 3(1) x S.C./S.T. Act is made out against the appellant; that the learned trial court has acted wrongly and illegally in passing the impugned order; that the impugned order is liable to be set aside.
Per contra, learned AGA and learned counsel for respondent no.2 supported the impugned order and contended that the averments made in complaint are supported with statements of complainant under section 200 Cr.P.C. and his witnesses Radha Krishna and Bhagat Singh under section 202 Cr.P.C. (Annexure No.3) and there is consistency in the statements of above persons in confirmity with complaint; that in para 3 of complaint, it has been clearly stated that accused abused the respondent no.2 with caste name; that apart from it, the allegations about marpeet are supported with injury report at Annexure no.2; that the learned Magistrate has not committed any mistake in passing the impugned order; that the appeal has been filed just to delay the disposal of trial.
Upon hearing parties counsel and perusal of record, I find that as per provisions of Chapter XV of Cr.P.C., upon filing of complaint, the Court has to follow procedure laid down in above Chapter of Code of Criminal Procedure and after recording the statements of complainant and witnesses under sections 200 and 202 Cr.P.C. if it finds that there is no prima facie evidence of the offence, it shall reject the complaint under the provisions of section 203 Cr.P.C. and if it finds sufficient evidence of offence, shall take cognizance of the offence and issue process against the accused under section 204 Cr.P.C. Perusal of material on record shows that learned Special Judge after recording the statements of complainant and witnesses under sections 200 and 202 Cr.P.C. has found that there is prima facie sufficient evidence of the offence in question and has accordingly rightly taken cognizance and issued process.
In view of discussions made above, 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 :- 14.9.2018 Tamang