Dismissed

Kuldeep Dixit @ Ashwani Kumar and 4 Others v. State of U.P. and Another

Allahabad HC22 May 2023CRLA/1201/2023

Case brief

AI extract

What is this about?

In an appeal under the S.C./S.T. Act, the Allahabad High Court dismissed the appellants' challenge to a summoning order and charge sheet. Despite claims of superficial investigation and a pending compromise, the court upheld the proceedings due to substantial injuries sustained by the informant's party.

What did the court decide?

Criminal Appeal dismissed; summoning order and charge sheet affirmed.

Kuldeep Dixit @ Ashwani Kumar and 4 Others Vs State of… — Caste Atrocities | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:111794

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Court No. - 81

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Case :- CRIMINAL APPEAL No. - 1201 of 2023

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Appellant :- Kuldeep Dixit @ Ashwani Kumar And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Deepak Singh,-------------------- Counsel for Respondent :- G.A.,Keshari Nandan Singh

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned counsel for the appellants has presented for perusal certified copies of the order dated 25.04.2023 passed by the special court as well as copy of the compromise deed allegedly filed before the special court by the parties. The same are taken on record.

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Heard Deepak Singh, learned counsel for the appellants as well as learned Additional Government Advocate for the State and perused the record. None is present for the respondent no.2 while the name of Shri Keshari Nandan Singh is printed in the cause list at appropriate place.

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The instant criminal appeal under Section 14(A)(2) S.C./S.T. Act has been filed by the appellants namely Kuldeep Dixit @ Ashwani Kumar, Ankit Thakur, Golu Thakur @ Himanshu, Bhola Pandit @ Abhay Mishra and Vaibhaw Dubey with the prayer to set-aside the impugned summoning order dated 27.04.2022 passed by learned Special Judge (S.C./S.T. Act), Kanpur Nagar in Session Trial No.632 of 2022 (State Vs. Kuldeep Dixit and others), arising out of Case Crime No.412 of 2021, under Sections 147, 148, 149, 452, 323, 504 I.P.C. and Section 3(1) Da, Dha of the S.C./S.T. Act, Police Station Naubasta, District Kanpur Nagar.

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Learned counsel for the appellants while referring to the F.I.R. lodged, by Smt. Rekha Dixit, mother of the appellant no.1 on 31.05.2021 at Police Station Naubasta, District Kanpur Nagar pertaining to the incident occurred on 30.05.2021 at 09:00pm., against the informant of the F.I.R. lodged in the instant case and other three named accused persons and 3-4 unknown persons

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including one Gudiya vehemently submits that the F.I.R. of the incident is nothing but the counter blast of the F.I.R. lodged by the mother of the appellant no.1 and the investigating officer has not investigated the allegations of the F.I.R. in right perspective and has submitted the charge sheet by making cursory/superficial investigation.

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While referring to para-16 of the appeal, it is further submitted that the whole incident revolves around accused Gudiya, who is serving as a constable in the U.P. Police Department and she has carved out a false case with the help and in connivance with the local police officials.

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It is vehemently submitted that it is the informant's party, which was the aggressor and grievous injuries have been sustained by the mother of the appellant no.1 and by appellant no.1 himself in the incident and this aspect of the matter has not been considered by the investigating officer by the special court while submitting charge sheet and issuing process against the appellants.

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It is also submitted that superficial injuries have been sustained by the alleged injured persons of the instant case moreover parties have submitted a compromise petition before the special court, thus all the proceedings pending before the special court/trial court are liable to be quashed and impugned summoning order is liable to be set aside.

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Learned A.G.A. on the other hand submits that after thorough investigation, charge sheet has been submitted and so much so three persons have sustained grievous injuries in the incident from the side of the informant and no illegality has been committed by the investigating officer in submitting charge sheet as well as by the special court in passing the impugned order.

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Having heard learned counsel for the parties and having perused the record, it appears from the record that pertaining to an incident, which had occurred on 30.05.2021 at about 09:0009:15pm., cross first information reports have been lodged by the parties against each other. Two persons namely Smt. Rekha Dixit and appellant no.1 Kuldeep Dixit @ Ashwani Kumar are shown to have been sustained injuries from the side of the

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appellants while three persons namely Ashok Kumar, Sumit Kumar and Amit Kumar are shown to have sustained multiple injuries from the side of the informant of this case/respondent no.2. Perusal of the injury reports pertaining to the injured persons of the instant case namely Ashok Kumar, Sumit Kumar and Amit Kumar would reveal that injured Ashok Kumar has sustained about 7 injuries, out of which four injuries have been sustained by him either on face or scalp and all these injuries are lacerated wounds. Similarly injured Sumit Kumar has sustained 6 injuries, out of which two injuries have been sustained on scalp and on the left side of scalp, respectively. Similarly injured Amit Kumar appears to have sustained 7 injuries, out of which many injuries have been found on his head. The injures sustained by these injured persons by any stretch of imagination may not be termed as manufactured or self inflicted. None of the parties claimed to have exercised the right of private defence and aggressor could only be determined after full-fledged trial. Thus there is no material on the basis of which summoning order passed by the special court may be termed either illegal or irregular as in the considered opinion of this Court, there was sufficient material available before the special court to have summoned the accused persons/appellants.

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So far as the compromise filed by the parties before the special court is concerned, which has not been verified yet, the same may be considered by the special court at the time of considering the plea of bail of the appellants, if the same has not been granted yet as it is informed that the proceedings pertaining to the cross case has been stayed by Coordinate Bench of this Court by passing order dated 03.08.2022 in the proceedings instituted by the informant's side under Section 482 Cr.P.C. No.21638 of 2022.

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Thus, for the reasons mentioned herein-before, I do not find any illegality or to say any irregularity in the summoning order as well as in submission of charge sheet and in the result, the appeal lacks merits and is hereby dismissed and the order passed the trial court is hereby affirmed.

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Order Date :- 22.5.2023 Anupam S/-

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Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad

Kuldeep Dixit @ Ashwani Kumar and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kuldeep Dixit @ Ashwani Kumar and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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