Dismissed

Ashok Giri v. State of U.P. Thru. Secy. Home Lucknow and Anr.

Allahabad HC8 Aug 2023/2188/2021

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a criminal appeal preferred against an order dismissing the appellant's discharge application in a case under the SC/ST Act. The court held that prima facie, an offence was made out based on complainant and prosecution witness statements, and no interference was required.

What did the court decide?

The present appeal is dismissed. Impugned order rejecting discharge application is upheld.

Ashok Giri Vs State of U.P. Thru. Secy. Home Lucknow and… — Caste Atrocities | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:52478

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Court No. - 15

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Case :- CRIMINAL APPEAL No. - 2188 of 2021

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Appellant :- Ashok Giri Respondent :- State Of U.P. Thru. Secy. Home Lucknow And Anr.

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Counsel for Appellant :- Rehan Ahmad Siddiqui,Mohd. Anas Siddiqui

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Counsel for Respondent :- G.A.,Sanjay Singh Chauhan

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Hon'ble Shamim Ahmed,J.

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Heard Sri Mohd. Anas Siddiqui, learned counsel for the appellant and Sri Ashok Srivastava, learned A.G.A. for the State.

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This Criminal Appeal under Section 14-A (1) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 23.11.2021 passed by learned Special Judge, S.C./S.T. Act, Sitapur, dismissing the discharge application moved by the appellant under Sections 323, 325, 504, 506, 452 I.P.C. and Section 3(1)da, dha S.C./S.T. Act for facing trial, arising out of Complaint Case No.09/2017, Nilam Vs. Ashok Giri & Others.

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Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. The impugned order dated 23.11.2021 is passed by the court below without considering the material on record and in a cursory manner even though the statements of the P.W.-1 Surendra and P.W.-2 Shyam (Injured) have been wrongly considered. There is no injury on the vital part. The entire allegation is false and fabricated. Thus, the impugned order may be set aside and appellant be discharged.

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Learned A.G.A. for the State opposes the prayer made by learned counsel for the appellant and submits that the impugned order dated 23.11.2021 was rightly passed. There is no illegality or infirmity in the impugned order. No interference is required by this Court. The court below after considering the evidence available before it, charge sheet, the summoning order as well as the statements of the P.W.-1 Surendra and P.W.-2 Shyam (Injured) and also the statement of the complainant recorded under Section 200 Cr.P.C., has rightly rejected the discharge application of the appellant. Thus, the present appeal be rejected.

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After considering the arguments as advanced by learned counsel for the parties and after perusal of material available on record, this Court finds that after considering the statement of the complainant recorded under Section 200 Cr.P.C. as well as statements of the P.W.-1 Surendra and P.W.-2 Shyam (Injured), the court below has passed the impugned order and has rightly rejected the discharge application before framing of charges. Prima facie it appears that offence is made out against the appellant.

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Accordingly, considering the statement of the complainant recorded under Section 200 Cr.P.C. as well as statements of the P.W.-1 Surendra and P.W.-2 Shyam (Injured) and the entire evidence, this Court finds that no interference is required by this Court, as such, the appeal is liable to be rejected.

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In view of above, the present appeal is dismissed.

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Order Date :- 8.8.2023 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Ashok Giri v. State of U.P. Thru. Secy. Home Lucknow and Anr.

Case brief

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Ashok Giri v. State of U.P. Thru. Secy. Home Lucknow and Anr.

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