Disposed

Raksha Ram and Another v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Allahabad HC25 May 2023/1100/2023

Case brief

AI extract

What is this about?

Appeal against a summoning order in a case involving alleged caste atrocities under sections 323, 504 IPC and the SC/ST Act. The High Court found prima facie merit based on allegations of beating and caste-based abuse, finding no unlawfulness in the trial court's order.

What did the court decide?

Appeal disposed off; appellants allowed to file discharge application within 30 days before trial court.

Raksha Ram and Another Vs State of U.P. Thru. Prin. Secy… — Caste Atrocities | Allahabad HC (2023)

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Court No. - 28

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Case :- CRIMINAL APPEAL No. - 1100 of 2023

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Appellant :- Raksha Ram And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Appellant :- Pranav Tivaree,Alok Srivastava Counsel for Respondent :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Sri Dinesh Kumar Choudhary, has put in appearance by way of filing vakalatnama on behalf of the opposite party no. 2 and the same is taken on record.

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Heard learned counsel for the appellants, Sri Dinesh Kumar Choudhary, learned counsel for the opposite party no. 2, Sri Ajay Singh Tomar, learned A.G.A. for the State and perused the material placed on record.

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Instant appeal has been filed with prayer to to quash the impugned summoning order dated 30.09.2022 passed by the learned Special Judge S.C./S.T. Act, Gonda, in Complaint Case No.915 of 2012; Kashi Ram Versus Raksha Ram and others, under sections- 323, 504 I.P.C. and sections-3(1)(Da) and 3(1) (Dha) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, relating to Police StationKhargupur, District-Gonda, pending in the Court of learned Special Judge S.C./S.T. Act, Gonda and entire proceedings of the aforesaid Complaint Case No. 915 of 2012; Kashi Ram Versus Raksha Ram and others, pending in the Court of learned Special Judge S.C./S.T. Act, Gonda.

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Learned counsel appearing for the appellants submits that no such incident has ever been taken place as has been mentioned in the complaint. He added that there was enmity, due to civil dispute between the partiesand that is why the instant complaint has been lodged against the appellants so that they may not pursue their case before the civil court. He next added that though, it has been mentioned with respect to the case as unknown who have witness the incident but their name have not been disclosed and even they were not produced and thus, the witnesses who were produced before the court concerned, or unbelievable. He added that the learned trial court without considering the aforesaid facts and circumstances and without application of judicial mind, has passed the order and summoned the appellants. Thus, submission is that the impugned summoning order dated 30.09.2022 may be set aside.

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Learned counsel for the opposite party no. 2 and the State have vehemently opposed the submission aforesaid and submits that it is evident from the impugned order dated 30.09.2022, itself that the statement of the witness as well as the complainant are intact. They further added that there is no ambiguity or perversity in the summoning order passed by the trial court thus, submission is that the instant appeal may be dismissed.

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Considering the submissions of learned counsels for the parties and after perusal of material placed on record, it transpires that there is allegation in the complaint for beating the injured and hurling abuses while naming the caste of the complainant. Further, the trial court has also recorded the statement under section 200 and 202 of Cr.P.C and thereafter, the summons were issued. Prima facie there seems to be no unlawfulness in the order impugned and thus, there is no merit in this case.

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However, it is open to the appellants to move discharge application at appropriate stage before the trial court concerned and if such, an application is made, the same shall be decided within a period of thirty days.

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With the aforesaid observations, this appeal is hereby disposed off.

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Order Date :- 25.5.2023 Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Raksha Ram and Another v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Case brief

What is this about?

What did the court decide?

Raksha Ram and Another v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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