Shrimati Vs State of U.P. Thru. Prin. Secy. Home Lko and 6 Others — Allahabad HC (2024) — LawSathi Research

Shrimati Vs State of U.P. Thru. Prin. Secy. Home Lko and 6 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order dated 13.05.2024 of the Special Judge, SC/ST Act, Sultanpur rejecting the appellant's application under Section 156(3) Cr.P.C. calls for interference by this Court in the criminal appeal under Section 14-A of the SC/ST Act, 1989.

Court's answer

The appellant's contention that the private respondents do not belong to the reserved category but are of general category does not detain the Court, since the trial court rejected the Section 156 Cr.P.C. application on two grounds, one of which was that both the parties belong to the reserved category.

Ratio / Principle

Considering the findings of the learned trial court in the impugned order and the law laid down by the Hon'ble Supreme Court in Kunti (supra), that a criminal hue should not be unjustifiably lent to a civil suit, no case for interference with the rejection of the Section 156(3) Cr.P.C. application is made out.

Detailed headnote1 paragraphs

Criminal appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 13.05.2024 of the learned Special Judge, SC/ST Act, Sultanpur in Criminal Misc No. 172 of 2024 (Shrimati vs Deepu and others), rejecting the appellant's application under Section 156(3) Cr.P.C. The trial court had rejected the application on two grounds: (a) both the parties belong to the reserved category, and (b) a civil suit is pending between the parties. On instructions of the Sub Inspector, P.S. Jamon, District Amethi, the learned A.G.A. informed the Court that both parties belong to the reserved category; the appellant's contrary contention did not detain the Court. Relying on the Supreme Court decision in Kunti & Anr. vs State of U.P. & Anr. (Criminal Appeal No. 1380 of 2023, decided 03.05.2023), that a criminal hue should not be unjustifiably lent to a civil nature of suit and initiation of criminal proceedings would be impermissible, Abdul Moin, J. held that no case for interference was made out and dismissed the criminal appeal.

Neutral Citation No. - 2024:AHC-LKO:60627

Court No. - 11 Case :- CRIMINAL APPEAL No. - 2474 of 2024 Appellant :- Shrimati Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 6 Others Counsel for Appellant :- Brijesh Kumar Kuldeep,Haushila Prasad Counsel for Respondent :- G.A.

Hon'ble Abdul Moin,J.

Heard.

The instant criminal appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to in as the Act, 1989) has been filed against the order dated 13.05.2024 passed by learned Special Judge, SC/ST Act, Sultanpur in Criminal Misc No. 172 of 2024 in re: Shrimati vs Deepu and others whereby the application filed under Section 156(3) Cr.P.C. by the appellant has been rejected.

A perusal of the order would indicate that two grounds have prevailed on learned trial court in rejecting the said application namely (a) both the parties belong to reserved category and (b) a civil suit is pending between the parties.

This Court had required learned A.G.A. to seek instructions in the matter.

Today Shri Abhay Singh, learned A.G.A. on the basis of instructions sent by Sub Inspector, P.S. Jamon District Amethi dated 20.08.2024 informs that both the parties belong to reserved category.

Learned counsel for the appellant has strongly objected to the same in as much as he contends that the private respondents do not belong to reserved category rather are of general category.

The aforesaid argument of learned counsel for the appellant

may not detain the Court in as much as already indicated above, the learned trial court has rejected the application filed under Section 156 Cr.P.C. on two grounds of which one ground was that both the parties belong to reserved category.

However, the second ground which has prevailed upon learned trial court while rejecting the said application is that there is civil dispute pending between the parties. Hon'ble Supreme Court in the case of Kunti & Anr vs State of U.P. & Anr., Criminal Appeal No.1380 of 2023 , decided on 03.05.2023 has specifically held that a criminal hue should not be unjustifiably lent to a civil nature of suit. As such, the initiation of criminal proceedings would be impermissible.

Considering the aforesaid finding of the learned trial court as given in the order impugned as well as the law laid down by Hon'ble Apex Court in the case of Kunti (supra) no case for interference is made.

Accordingly, the criminal appeal is dismissed .

Order Date :- 3.9.2024 J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench