Parvez Alam and 2 Others v. State of Up and Another
Case brief
What is this about?
In Criminal Appeal No. 103 of 2024, the Allahabad High Court suspended a Special Judge's summoning order regarding an SC/ST atrocity case to allow resolution of a factual dispute about the respondent's caste status.
What did the court decide?
Suspended the operation of the summoning order dated 09.06.2023 until the next date of listing.
What the court decided
Court No. - 83
Case :- CRIMINAL APPEAL No. - 103 of 2024
Appellant :- Parvez Alam And 2 Others
Respondent :- State of U.P. and Another Counsel for Appellant :- Bipin Kumar,Mohd. Naushad Siddiqui Counsel for Respondent :- Dhirendra Kumar Srivastava,G.A.
Hon'ble Saurabh Srivastava,J.
- Heard Sri Bipin Kumar, learned counsel for appellants, learned AGA for the State and Sri Akash Patel, learned Counsel holding brief of Sri Dhirendra Kumar Srivastava, learned counsel for opposite party no. 2.
- The present appeal has been preferred challenging the summoning order dated 09.06.2023 passed by Special Judge, SC/ST Act, Chandauli in Complaint Case No. 42 of 2023 (Pawan Kumar Vs. Parvez Alam and Others) under Sections 323, 504, 506 IPC and Section 3(1)(10) of SC/ST Act, P.S. Alinagar, District Chandauli.
- The present appeal has been preferred on several other grounds inter-alia precisely on the ground that opposite party no. 2 himself made statement in the registered document in the shape of sale deed, wherein he has declared himself that he does not belong to the SC/ST community which is apparent from the record. Only on this argument, learned counsel appearing on behalf of opposite parties prays for and is granted three weeks' time for filing counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the appellants within two weeks thereafter.
Issues for consideration
2 issues framed by the court
Whether the Special Judge's summoning order should remain suspended pending verification of the caste status of opposite party no. 2 as alleged in the sale deed.
Whether sufficient time is necessary for the opposite party to file a counter affidavit and rejoinder regarding the material question of fact concerning their community status.
Parties & counsel
- appellant
Parvez Alam and 2 Others
- respondent
State of U.P.
Coram
Saurabh Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- CRLA/103/2024
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