Court No. - 50
Case :- CRIMINAL APPEAL No. - 4957 of 2018 Appellant :- Ramesh Chandra Vishwakarma And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Vijay Singh Sengar Counsel for Respondent :- G.A.
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 23.6.2018 passed by Special Judge (S.C./S.T. Act), Jalaun at Orai in Complaint Case No.82 of 2017 (Shripal Vs. Ramesh Chandra Vishwakarma and others), under sections 323, 504, 506 IPC and 3(1) x S.C./S.T. Act, P.S.Kalpi, District Jalauan.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
Learned counsel for the appellants contends that appellants have been falsely implicated; that the son of appellant no.1 is studying in Aadarsh Saraswati Siksha Mandir, of which respondent no.2 was Principal; that it is wrong to say that appellants abused the respondent no.2 with caste name or committed marpeet with him and threatened him of life or snatched Rs.2400/- from him; that the entire complaint story is false and incorrect; that no such incident ever taken place; that there is no injury report to support the contention of marpeet; that the learned trial court has passed the impugned order without considering the material on record in mechanical manner and upon taking cognizance issued process against appellants; that the impugned order is liable to be set aside.
Learned AGA supported the impugned order and contended that the learned trial court after going through the material on record and after following the procedure laid down under Chapter XV of Cr.P.C., recording the statements of complainant and witnesses under sections 200 and 202 Cr.P.C. and finding prima facie evidence of offences against appellants has rightly passed the order of cognizance and issuance of process; 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 followed the 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 :- 13.9.2018 Tamang