Vinod Kumar Shukla @ Vinod Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Neutral Citation No. - 2024:AHC-LKO:76592

Court No. - 14

Case :- CRIMINAL APPEAL No. - 3589 of 2024

Appellant :- Vinod Kumar Shukla @ Vinod Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Appellant :- Aditya Tiwari Counsel for Respondent :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the appellant and learned A.G.A. for the State-respondent No.1.

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In view of the order, which is proposed to be passed today, notice to respondent No.2 is hereby dispensed with.

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The instant criminal appeal under Section 14A (1) of the SC/ST Act filed by the appellant with a prayer to set aside the entire proceedings of Sessions Case No.1223 of 2023 : State vs. Vinod Kumar Shukla & Ors arising out of Case Crime No.03 of 2023, under Sections 323, 504, 506 and 427 I.P.C. and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act, Police Station Kunda, District Pratapgarh and impugned summoning order dated 24.06.2024 passed by Special Judge (SC/ST Act), Pratapgarh as well as chargesheet dated 05.04.2023 .

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Learned counsel for the appellant has submitted that accused/appellant is innocent, who has been falsely implicated in this case due to some ulterior reason.

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His further submission is that the content of the first information report does not disclose any ingredients, which are essential to constitute offence under Sections 323, 504, 506 and 427 I.P.C. and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act. He has also submitted that even during

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investigation, no credible evidence could be collected against the present accused/appellant. Despite, this fact, a chargesheet came to be laid mechanically against the appellant.

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Learned counsel for the appellant, on the basis of aforesaid submissions, has submitted that the impugned chargesheet dated 05.04.2023 and the order of cognizance and summoning order dated 24.06.2024 is perverse, which deserves to be quashed.

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Per contra, learned A.G.A. for the State has vehemently submitted that the law of quashing has been fairly settled in the celebrated judgment rendered by the Hon'ble Supreme Court in State of Haryana vs. Bhajan Lal reported in 1992 Supp (1) SCC 335 and R.P. Kapur Vs. State of Punjab AIR 1960 SC 866.

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His further submission is that in view of law laid down by the Hon'ble Supreme Court in Ramveer Upadhyay vs. State of U.P. reported in AIR 2022 SC 2044 and Rathish Babu Unnikrishnan vs. State (NCT of Delhi) reported in 2022 SCC OnLine SC 513 , truthfulness or otherwise of the prosecution version or defence version cannot be looked into at this early stage of proceedings.

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Thus, in view of aforesaid, learned A.G.A. has submitted that the present appeal is devoid of merit and deserves to be dismissed.

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Having heard the learned counsel for the appellant, learned A.G.A. for the State and upon perusal of record including the first information report and the charge-sheet laid against the present appellant, this Court is of considered view that in view of law laid down by the Hon'ble Supreme Court in Bhajan Lal's case (supra), R.P. Kapur's case (supra) , Ramveer Upadhyay's case (supra) and Rathish Babu Unnikrishnan's case (supra), the impugned

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orders does not suffer from any illegality and the same cannot be said to be perverse. Thus, the instant criminal appeal is devoid of merit.

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Accordingly, the prayer for setting aside impugned summoning order dated 24.06.2024 and chargesheet dated 05.04.2023 as well as impugned proceeding under challenge is hereby refused.

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12. However, the appellant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law. In case, such an application is moved before the learned trial Court, the learned trial Court shall dispose of the same with utmost expedition by means of a speaking and reasoned order strictly, in accordance with law having regard to the entire facts and evidence available on record.

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It is needless to mention that if the appellantVinod Kumar Shukla @ Vinod Kumar applies for grant of bail, the learned trial Court shall consider and decide the same expeditiously, in accordance with law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central

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Bureau of Investigation and others: MANU/SC/1024/2021 and Satender Kumar Antill vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 . 14. With the aforesaid observations, the instant appeal is finally disposed of .

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 20.11.2024 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Vinod Kumar Shukla @ Vinod Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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