Dismissed

Bardani @ Amit Kumar and Another v. State of U.P. and Another

Allahabad HC19 Apr 2022CRLA/2303/2022

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the clerks appeal challenging the interim summoning order and entire proceedings under sections of IPC and SC/ST Act. The court held that the victim's statement disclosed a prima facie case of caste-based abuse, making interference inappropriate at this stage.

What did the court decide?

The prayer to quash the summoning order dated 24.02.2022 and entire proceedings was refused. The criminal appeal was dismissed.

Bardani @ Amit Kumar and Another Vs State of… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 73

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Case :- CRIMINAL APPEAL No. - 2303 of 2022

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Appellant :- Bardani @ Amit Kumar And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Ravikant Shukla Counsel for Respondent :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the appellants, learned AGA for the State and perused the record.

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This criminal appeal has been filed by the appellants with the prayer to quash the summoning order dated 24.02.2022 as well as entire proceedings of Complaint Case No. 39 of 2020 (Neha Devi Vs. Bardani and another), under Sections 354-Kha, 504, 506 IPC and Section 3(2)V Ka, 3(1)Da, 3(1)Dha of SC/ST Act, Police Station Bakewar, District Fatehpur, pending in the court of learned Special Judge (SC/ST Act), Fatehpur

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Learned counsel for the appellants has submitted that the appellants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the appellants has next submitted that from the allegations made in the complaint and the statements of the witnesses recorded under Sections 200 and 202 CrPC, no offence is disclosed against the appellants and as such, entire proceedings initiated against the appellant be quashed.

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Per contra, learned AGA has opposed the said prayer of the appellants and has drawn the attention of the Court to the statement of the victim recorded under Section 200 CrPC, in which, she has categorically stated that the appellants entered in her house and abused her with the name of her caste with an intention to humiliate and intimidate her and disrobed her by holding Tamancha and extended death threats to her, as such, impugned summoning order as well as entire proceedings can not be quashed.

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Moreover, at this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-

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10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.

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Having considered the rival submissions made by learned counsel for the parties and taking into consideration the allegations made in the complaint against the appellants and the statements recorded under Sections 200 and 202 CrPC, this Court is of the opinion that the impugned summoning order dated 24.02.2022 passed by learned court below is just, proper and legal and do not call for any interference by this Court at this stage, as such, the prayer for quashing the impugned summoning order and entire proceedings is therefore refused.

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Accordingly, this criminal appeal is dismissed. Order Date :- 19.4.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.04.19 14:18:14 IST Reason: Location: High Court of Judicature at Allahabad

Bardani @ Amit Kumar and Another v. State of U.P. and Another

Case brief

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Bardani @ Amit Kumar and Another v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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