Heard learned counsel for appellants and the learned A.G.A. for the State.
Present appeal has been preferred assailing the impugned order dated 15.09.2020, passed by the court of learned Special Judge (S.C./S.T. Act)/ Additional Sessions Judge, Faizabad in Complaint No. 28 of 2019, Dinesh Kumar Vs. Triveni & another, relating to Police Station Kotwali Nagar, District Faizabad, whereby the learned trial court has summoned the appellants to face the trial for the offence punishable under Sections 452, 323, 504, 506 I.P.C. and Section 3(2)(5-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Learned counsel for appellants has submitted that on the date of occurrence, the appellant, Triveni Prasad was at a distance of 110 kilometers from the place of occurrence as his wife was expired. He has falsely been implicated in this case and false and fabricated evidence has been adduced before the trial court. It was not considered, appreciated and evaluated in correct perspectives. The appellant, Kunj Bihari @ Nankau is the real brother of appellant No.1-Triveni Prasad, therefore, he has also been implicated in this crime falsely. In these circumstances, the summoning order is liable to be quashed.
Learned A.G.A. has opposed the present appeal by submitting that the complainant-Dinesh Kumar, sent a legal notice regarding amount of four lakh rupees borrowed by the appellant No. 2-Kunj Bihari @ Nankau. When the said notice was served on the appellants, they got annoyed. On 09.10.2019 at 6:00 p.m. the appellants along with 3 to 4 unknown persons abused the complainant, committed house trespass and assaulted him with sticks, kicks and fists. The witnesses, Ghanshyam and Anita Devi along with other villagers saw the incident. The appellants also threatened the complainant to eliminate him. The complainant belongs to scheduled caste category. If summoning order is quashed, then the appellants would again commit the same offence.
Learned A.G.A. has also submitted that the contention of complainant that the appellants robbed an amount of two thousand rupees and a gold chain, were not accepted by the trial court, therefore, this fact indicates that the trial court has considered, appreciated and evaluated the prima facie evidence adduced by the complainant in correct perspectives.
Learned A.G.A. has also pointed out that the defence evidence in the category of plea of alibi has to be proved by the appellants and at the primary stage defence evidence cannot be considered, therefore, the impugned summoning order is not liable to be quashed.
I have heard the rival submissions of learned counsels for the parties.
The learned trial court has recorded statements of complainant-Dinesh Kumar under Section 200 Cr.P.C. and of witnesses, Anit Devi and Ghanshyam, under Section 202 Cr.P.C. In the light of facts narrated in the complaint, the learned trial court found sufficient ground to proceed against the appellants and summoned them to face trial for the offence punishable under Sections 452, 323, 504, 506 I.P.C. and Section 3(2)(5-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The date 22.10.2020 was fixed for appearance of appellants before the trial court.
In the aforesaid circumstances, the impugned summoning order dated 15.09.2020 is not liable to be quashed.
The appeal devoid merits and is liable to be dismissed.
Dismissed accordingly.
Learned counsel for the appellants has further submitted that some time may be granted to the appellants to surrender before the trial court.
Considering the above submission made on behalf of appellants it is provided that if appellants appear and surrender before the trial court within 15 days from today and apply for bail in the above mentioned case, the trial court shall decide the bail application(s) of appellants expeditiously, according to the exposition of law propounded by this Court and Hon'ble Supreme Court.
During the aforesaid period of 15 days, no coercive action shall be taken against the appellants.
It is made clear that aforesaid period of 15 days shall not be extended in any circumstance.
Order Date :- 19.1.2021 Mustaqeem