Court No. - 77
Case :- APPLICATION U/S 482 No. - 18880 of 2020 Applicant :- Rajendra Prasad Shukla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akanksha Dubey,Dharmendra Dhar Dubey,Mahima Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Present application has been filed for challenging the proceedings instituted against the applicant vide Special Case No. 105 of 2020 (State Vs. Dinesh Kumar Shukla and another), under Section 501, 353 IPC and 3 (2)(va) SC/ST Act, Police Station Civil Lines, District Prayagraj pending before the Special Judge (SC/ST), Allahabad.
Submission of counsel for the applicants is that offence under Section 501 can only be instituted by a complain case. He further submits that even as per the allegation of the Opposite Party No. 2, no offence under SC/ST Act is made out, which has been imposed against the applicants only in view of the opinion given by the Superintendent of Police dated 3.2.2021. He further submits that the view of the Superintendent of Police is contrary to the judgment of the Supreme Court dated 5.11.2020 passed in the case of Hitesh Verma Vs. State of Uttrakhand and another, AIR 2020 SC 5584.
The matter requires consideration. Issue notice.
Steps be taken to serve the Opposite Party No. 2 within two weeks.
The Opposite Parties shall file counter affidavit within four weeks. Two weeks' thereafter is granted for filing rejoinder affidavit.
List thereafter.
Until further orders of this Court, further proceedings, against the applicants, in the aforementioned case shall remain stayed.
Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.
Order Date :- 6.1.2021 vinay