Criminal Appeal challenging an order under the SC/ST Act dismissing proceedings based on service of notice. The High Court held the order was not illegal as service on the minor complainant was sufficient and found the appeal devoid of merit.
The appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:2016
Court No. - 13
Case :- CRIMINAL APPEAL No. - 1412 of 2022
Appellant :- Nithuri Pasi
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 9 Others Counsel for Appellant :- Onkar Pandey,Prakash Chandra Baranwal Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
From the record, it is evident that the notice has already been served on the private respondents, but none has put in appearance on their behalf.
appellant, namely, Sneh Priya, however if a notice is served on the family member, who is minor, then in the eyes of law, the same will not be deemed as a service. It is next submitted that it was obligatory on the part of the court below to take cognizance on the police report as the offence under Section 3(1)(dha) of SC/ST Act is clearly made out and, therefore, indulgence of this Court is necessary.
Order Date :- 8.1.2024 VKS
Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the impugned order dismissing the trial court proceedings was erroneous given the service of notice on the minor complainant's representative.
Whether the appellant established non-service of notice on himself or lack of specific names in the FIR to quash the proceedings.
1 provisions across 1 enactments
Nithuri Pasi
State Of U.P.
Rajeev Singh
Vivek Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
