Court No. - 78
Case :- CRIMINAL APPEAL No. - 1303 of 2021 Appellant :- Sunhari Lal Respondent :- State Of U.P. And 6 Others Counsel for Appellant :- Birendra Singh Counsel for Respondent :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Learned counsel for the appellant is present. State is represented through learned A.G.A.
C.J.M. Etah vide letter dated 17.04.2021 submitted compliance report, according to which notice has been personally served on respondent nos. 2 to 7 but none is present on their behalf.
This criminal appeal has been filed against the order dated 02.02.2021 passed by the Special Judge (SC/ST Act) Etah in Criminal Misc. Case No.335 of 2020 (Sunahri Lal Vs. Sanjiv Kumar and others) under Section 156(3) Cr.P.C., P.S.- Awagarh, District- Etah.
Learned counsel for the appellant submitted that appellant belongs to Schedule Caste and the opposite parties were trying to grab the Patta Land (Gata No. 321 Sa/0.340 Hectare) of the appellant situated at village Maligaon, Police Station- Sakeet, Tehsil and District- Etah and they have threatened all the family member of the appellant. The aforesaid land was allotted to the appellant by the Gaon Sabha and opposite parties were trying to grab the land illegally. They also abused the appellant with casteist remark. The appellant made a complaint before the S.S.P. Etah for lodging the F.I.R. but no action was taken, then he moved an application before the Competent Court. The Court below without taking into consideration the allegations made in the application has rejected the application merely on the ground that caste of the opposite parties is not mentioned in the application. The appellant has filed all the evidence and documents in support of his case but the learned Court below failed to consider it, hence the impugned order is perverse and illegal.
Learned A.G.A. submitted that the application moved by the appellant is based on wrong facts, the learned Court below after considering the entire matter by a reasoned order has rejected the application of the appellant and there is no illegality in the impugned order.
From the perusal of the impugned order, it is clear that learned Court below has rejected the application observing that in the entire application it is not mentioned that opposite parties belongs to forward caste which is necessary for registration of a case under the provisions of S.C./S.T. (Prevention of Atrocities) Act. The aforesaid observation of the learned Court below is correct and according to records, so there is no illegality in the impugned order.
This criminal appeal is liable to be dismissed. Appellant has right to move fresh application with complete particulars and he may avail the remedy as per law.
With the aforesaid observation, the criminal appeal is dismissed.
Order Date :- 12.8.2021 Krishna*