Appeal against summoning order under SC/ST Act and IPC dismissed. Court found no reason to quash proceedings as trial court considered evidence recorded under Sections 200 and 202 Cr.P.C. before passing the order. Liberty granted to approach trial court for bail.
Criminal appeal dismissed; liberty to move for bail before trial court granted.
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Neutral Citation No. - 2023:AHC:146110
Court No. - 85
Case :- CRIMINAL APPEAL No. - 7267 of 2023
Appellant :- Arvind And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Vinod Kumar Yadav Counsel for Respondent :- G.A.,Sandeep Kumar Tripathi
Hon'ble Mayank Kumar Jain,J.
The present appeal is directed against the summoning order dated 20.04.2023 passed by Special Judge, SC/ST Act, Rampur, in Complaint Case No. 12 of 2023, under Section 323, 452, 506 IPC and Section 3(1)(r) of SC/ST Act, P.S. Milak, District Rampur, whereby the appellants have been summoned to face trial.
It is submitted that in the complaint of opposite party no.2 the date of incident is shown as 23.09.2022 at around 7.00 pm, no medical report has been brought on record where all the appellants had scuffle with the complainant. It is further submitted that the present complaint has been filed in counterblast to the first information report lodged on behalf of the appellants mentioning the incident dated 23.09.2022 said to be happened at around 5.30 pm. In the said case charge-sheet has been filed against the complainant. It is further submitted that in the complaint it has been mentioned that with regard to the incident dated 23.9.2022 the complainant has moved application before superintendent of police on 14.10.2022 i.e. after about 22 days of the incident.
Learned A.G.A. assisted by learned counsel for the complainant vehemently opposite the contention made on behalf of the appellants and it has been submitted that after recording the statements of complainant and her witnesses under Sections 200 and 202 Cr.P.C. the impugned summoning order has been passed against the appellants to face the trial.
Perused the record.
The summoning order has been passed after considering the evidence recorded during the course of proceedings under Sections 200 and 202 Cr.P.C., therefore, I do not find any reason to quash the summoning order as well as proceedings of the case as prayed for.
Accordingly, the present criminal appeal is dismissed .
However, the appellants are at liberty to move application for bail before the trial court and in case such an application is moved, the same shall be considered and decided, expeditiously, in accordance with law.
Order Date :- 21.7.2023 Prajapati
Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the summoning order under Sections 200 and 202 Cr.P.C. requires to be quashed due to delayed police report.
Arvind And 4 Others
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
