Remanded

Jitendra Kumar Singh (According to Prosecution Jitendra Kumar, Ward Boy) v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Allahabad HC17 Jul 2023/682/2023

Case brief

AI extract

What is this about?

Appeal dismissed with directions to remand matter to court below to rehear on point of cognizance and summoning as evidence points solely against the ward boy.

What did the court decide?

Appeal disposed. Matter remitted to Special Judge Sitapur to rehear on cognizance and summoning. Appellant directed to appear within one month.

Jitendra Kumar Singh (According to… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:46451

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Court No. - 29

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Case :- CRIMINAL APPEAL No. - 682 of 2023

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Appellant :- Jitendra Kumar Singh (According To Prosecution Jitendra Kumar, Ward Boy) Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Satendra Kumar (Singh),Abhishek Misra Counsel for Respondent :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the parties and perused the record.

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The present criminal appeal under Section 14-A(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) ACt 1989 has been preferred against the order dated 17.02.2021 passed by learned Special Judge, SC/ST Act Sitapur, in Special Trial No. 79 of 2021 arising out of FIR No. 86 of 2019 under Section 354/ 506 IPC and 3(1) (w) (i) and 3(1)(r) SC/ST Act Police Station Machhrtehta District Sitapur whereby taken cognizance on the charge sheet submitted by and investigating officer and has summoned the appellant.

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It is submitted by the learned counsel for the appellant that the FIR was lodged against one Jitendra Kumar aged about 35 years ward boy in Community Health Center, Machhrehta, Sitapur, however charge sheet was filed against the present appellant who is 50 years of age and had been posted as Block Programme Manager in the same hospital. It is further submitted that though charge sheet is filed against the Jitendra

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Kumar (ward boy), however the address and name of father of the appellant is mentioned in the charge sheet, therefore, the present appellant has been summoned.It is further submitted that the victim in her statement recorded in Sections 161 and 164 Cr.P.C. the victim has disclosed the name of Jitendra Kumar but the name of father is not disclosed in the aforesaid statements of victim. It is also submitted that the Investigating Officer without investigating the matter properly submitted charge sheet against the present appellant and the court has taken cognizance on the aforesaid charge sheet and summon the appellant. It is also submitted that the victim has passed away and was served through her husband. The husband of the victim is represented by Ms. Rashmi Pandey, learned Advocate who has put in appearance by filing her power as well as counter affidavit which are taken on record.

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Learned counsel for the opposite party submitted that the victim made complaint against the Jitendra Kumar, the ward boy aged about 35 years and she has no complaint against the present appellant. It is also submitted that the name of present appellant came to light by mistake.

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Considering the submission advanced from both the sides and the fact that the victim specifically named Jitendra Kumar aged 35 years ward boy and there is no evidence against the present appellant, the matter is remitted to the court concerned to rehear

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the matter afresh on the point of cognizance and summoning of the present applicant and decide the matter in the light of the evidence on record.

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The appellant is also directed to appear before the court concerned within one month from today and move appropriate application in this regard.

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The appeal is disposed of in terms of aforesaid directions.

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(Renu Agarwal,J.)

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Order Date :- 17.7.2023 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad, Lucknow Bench

Jitendra Kumar Singh (According to Prosecution Jitendra Kumar, Ward Boy) v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Jitendra Kumar Singh (According to Prosecution Jitendra Kumar, Ward Boy) v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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