Court No. - 50
Case :- CRIMINAL APPEAL No. - 7682 of 2018 Appellant :- Rajesh Singh Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Om Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed by Sri Madan Mohan Srivastava, advocate on behalf of the informant is taken on record.
This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to allow this appeal and set-aside the impugned cognizance order dated 1.7.2018 as well as charge sheet dated 1.7.2018 in S.S.T. No.93 of 2018 arising out of case crime no.58 of 2018 under Sections 147, 323, 504, 506, 427 IPC and 3 (2) (5A), 3 (1) (d), 3 (1) (dh) S.C./S.T. Act, Police Station Meh Nagar, District Azamgarh.
Heard learned counsel for the appellant, learned counsel for the informant as well as the learned AGA for the State and perused the entire record.
It is submitted by the learned counsel for the appellant that cognizance taken in the matter is bad in the eye of law. Initially, F.I.R. was lodged against four persons. Charge sheet was submitted only against the appellant. All other accused were exonerated. Referring to the entire evidence collected during investigation by the investigating officer, it is further submitted that no prima facie case is made out against the appellant.
On the other hand, learned A.G.A. as well as learned counsel for the informant argued that a prima facie case is made out against the appellant. Cognizance taken in the matter is not illegal. There is sufficient evidence collected by the investigating officer to proceed with trial. There is no infirmity or illegality in the cognizance order. Hence, appeal is liable to be dismissed.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.
Having regard to the facts and circumstances of the case, hearing the parties and going through the entire record including the impugned order carefully, no illegality or infirmity is found in the impugned order. The Court dealing with the matter, at this stage, has to see only a prima facie case and from the perusal of the entire record available on record it cannot be said that no prima facie case is made out.
Thus, appeal is devoid of merit and is liable to be dismissed and is accordingly dismissed.
However, appellant is directed to surrender before the court below within a period of 45 days from today. For a period of 45 days from today, no coercive action shall be taken against the appellant.
It is made clear that no further time shall be allowed to the appellant to surrender before the Court below.
Order Date :- 21.12.2018
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